Кафедра "Право"

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Formation of damages from violation of intellectual property rights
(ТОВ "Юридична компания "Юрсервіс", 2022) Nagy, Szabolcs; Tkachov, M. M.; Pererva, P. G.
The generalization of existing scientific developments allowed the authors to identify, supplement and justify the following types (directions of formation) of economic losses of patent owners from infringement of intellectual property rights (the emergence of forgery, forgery).
Economic consequences in the country's economy from violation of exclusive rights
(2022) Nagy, Szabolcs; Tkachov, M. M.; Pererva, P. G.
It is proved that the development of information technology has greatly facilitated access to intellectual property, simplified the commission of offenses in this area. At the same time, society's attitude to copyright infringement on the Internet is tolerant: most citizens do not consider such actions to be theft or other behavior morally unacceptable. The generalization of existing scientific developments allowed the authors to identify, supplement and justify the following types (directions of formation) of economic losses of patent owners from infringement of intellectual property rights (the emergence of forgery, forgery).
The assessment of losses from illegal use of objects of intellectual property
(Academic Society of Michal Baludansky, 2015) Tkachov, M. M.
In the article the author proves that the violation of the exclusive rights implies the existence of two types of damages: actual damages and lost profits. Offered the actual damage be divided into two types of costs: a) past costs that the owner incurred on the creation and use of the object of the exclusive right; b) future costs that will be needed by the owner to restore the violated rights. The second type of cost that is included by the author in real damage, not always taken into account when carrying out the corresponding calculations, which, in the author's opinion, incorrectly. Another issue is that the need for such expenditures and their estimated size should be confirmed by reasonable calculation, evidence which can be presented estimates (cost estimate) of the costs to eliminate the consequences of the violation of exclusive rights. Under loss of profits refers to the lost revenue that the owner would receive under usual conditions of civil turnover of intellectual property, if his right had not been violated. If the person who violated the law, received as a result of this income, the person whose right has been violated, should demand compensation in the amount of not less than such income. The author of a study of existing methods of determining damages from patent infringement. All existing methods are classified into separate groups, each of which has its own specific features using. The proposed methodological approaches to determine the amount of economic damages and lost profits, to the greatest extent can be use in the production of counterfeit products. Developed proposals for the use of the proposed recommendations of the machine-building enterprises.
The impact of counterfeit products on the market
(НТУ "ХПІ", 2015) Tkachov, M. M.
The author proves that the level of counterfeit presentation of goods on the market directly affects the equilibrium of the market. The greater the number of counterfeit products, the greater the level of losses holders of intellectual property rights, the lower the level of consumer confidence to the market.

Кафедра "Право"

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