THE INEVITABILITY OF LEGAL LIABILITY FOR COPYRIGHT INFRINGEMENT

Abstract

The subject of this scientific article is the study of the inevitability of legal liability for copyright infringement. This issue is examined through an analysis of the specifics of administrative, civil, and criminal liability for violations of intellectual property rights, particularly in current digitalized society. It is established that civil liability measures are the most commonly applied to copyright infringers, as they are used in cases of violations of both the author’s property and non-property rights. Administrative liability for copyright infringement arises in cases provided for by the Code of Ukraine on Administrative Offenses. In the event of significant copyright violations, criminal liability may be imposed; it applies when the offender’s actions have resulted in substantial material damage or have been systematic in nature The establishment of an effective mechanism for the protection of intellectual property rights and the assurance of the inevitability of legal liability for copyright infringement constitute an important element on Ukraine’s path toward European integration. An example of this is the practice of EU countries, which effectively ensure the proper application of sanctions and legal remedies that are effective, proportionate, and dissuasive, as well as provide for compensation for damages, the issuance of injunctions, and, where necessary, the confiscation of materials infringing copyright. The article emphasizes the establishment of a specialized Intellectual Property Court as one of Ukraine’s European integration commitments, whose operation will be crucial for the effective protection of infringed copyright, the imposition of legal liability on intellectual property offenders, and the improvement of the quality of judicial decisions in IP cases.