Self-protection of industrial property rights in business turnover

Abstract

The article is devoted to the self-defence of industrial property rights in economic turnover.
The purpose of the article is to justification of the provisions for improving the legal regulation of self-defence of industrial property rights in economic circulation.
The article, it emphasizes, the place of self-defense in the system of relations of economic turnover of industrial property rights. The expediency of using self-defense in contracts for the disposal of property rights of industrial property. The definition of self-defense of industrial property rights is given. Analysed the types of self-defences. Self-defense designs are offered that can be enshrined in the contract.
As a result of the study, itis concluded that such a non-jurisdictional form of protection as self-defense of industrial property rights in contractual relations harmoniously fits into the content of relations arising from the introduction of industrial property rights into economic circulation.
Self-defense of industrial property rights is an independent and self-sufficient form of protection in the field of economic turnover of industrial property rights, which is expressed in the application of means of counteraction (action or inaction) of the subject of industrial property rights regulated by law or contract, aimed at adequate protection and prevention of proper subjective rights from unlawful encroachments of third parties.
Self-defense of industrial property rights in contractual relations can be realized through the application of operational and economic sanctions, considering the specifics of industrial property relations, and independent actions enshrined in the contract.
Contractual methods of self-defense, which are characteristic of the sphere of disposal of property rights of industrial property, should be fixed at the level of the law, however, in the absence of such legal regulation, the interested party to the contract has the right to independently provide for the relevant provisions in the contract. At the same time, the types of self-defence’s will depend on the type of contractual legal relations and the specifics of the object (s) of industrial property. In addition, the copyright holder of industrial property rights may apply measures of self-defense of property rights during the preparation, conclusion, execution, change, termination of the contract for the disposal of property rights of industrial property.