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Title

Constitutional Protection of Intellectual Property Rights (Foreign Experience)

Authors

USOV German Vladimirovich

PhD Student of the Department of Constitutional and Municipal Law of O.E. Kutafin Moscow State University of Law (MSLA). 9,

Sadovaya-Kudrinskaya Str., Moscow, 123995.

E-mail: usov.german@gmail.com

Section

Constitution, state and sociiety

Issue

1/2015

Page

77-82

index UDC

347.78:342.41 + 342.41(4/8)

index LBC

 

Abstract

The article is devoted to the constitutional protection of intellectual property in foreign countries. The article contains the analysis of current methods of constitutional protection of intellectual property in the USA, France, Germany, Turkey, Columbia, Lithuania, Costa-Rica, Egypt and Tunis. It is concluded that the constitutional protection of intellectual property rights in foreign countries consists of the following: constitutional recognition of intellectual property rights; extension of means of classical (material) property rights and other constitutional rights and freedoms to the methods of constitutional protection of intellectual property; the existence of the constitutional regime of the enforcement; the protection of the subjects of intellectual property by the constitutional control bodies; self-defense of the subjects of intellectual property which includes the application to the constitutional control bodies, the appeal against the constitutionality of the law and activities of officials and subjects of entrepreneurial activity that violate these rights.

Keywords

Сonstitution, constitutional protection, intellectual property, constitutional regime, constitutional control bodies, self-defense.

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