PROTECTION OF COPYRIGHT/RELATED RIGHTS IN CASE OF A THREAT OF THEIR INFRINGEMENT: THEORETICAL AND APPLIED ISSUES

With the entry into force of new Law Ukraine "On Copyright and Related Rights", legal regulation protection copyright/related rights has been significantly updated. The theoretical applied problems in event a threat their violation are investigated. In 1993 committing actions that create infringement was also recognized as one types violation, without specifying such actions. Unlike Law, defines personal non-property property copyright related rights. These include, particular: 1) distribution, importation customs territory technical devices, equipment, which includes computer program provides access to objects and/or permission relevant subjects or (including when program, applications supplements it, technologies devices use signals other Internet resources); 2) setting up applications, them, technologies, provide from 3) provision instructions on gain any form for purpose receiving remuneration instructions. conditions civil liability studied. ground is offense entity. following: illegality act; damage; causal connection between illegal acts fault. subject, no harm occurs. However, requirement remove inherently way protect It worth rethinking traditional approaches understanding liability. This may arise appropriate means responsibility should be not only case an fact real reality, but creating law. feature liability, manifestation its preventive function. On practical level, there proving direct link