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The article is devoted to the research of counterfeiting in industrial property. The article's objective is to determine the content of the concept of counterfeiting in the field of industrial property and its delimitation with related concepts. The article explains that the difference between counterfeit and non-counterfeit products is the violation of intellectual (industrial) property rights. The article analyzes the relationship between such concepts as "counterfeiting" and "falsification." As a result, it is concluded that the issue of counterfeiting of goods is legal and does not apply to the quality of goods that are inherent in counterfeiting (copying, imitation). The study analyzed that counterfeiting in the field of industrial property has the following characteristics: intentional actions of the offender; commercial (selfish) purpose; illegal entry into circulation of material goods manufactured using an industrial property object; external similarity of the product with the original; lack of consent of the right holder of industrial property rights to the production of such goods; availability of current legal protection of industrial property. Based on the researched material, the conclusion is substantiated that counterfeiting is a relevant offense in the field of industrial property, which has its own composition: object, subject, objective side, and subjective side. The characteristic of the specified element is carried out. The definition of "counterfeit goods in the field of industrial property" as any goods (products), externally like the original and put into circulation without the owner's permission of industrial property for profit. As a result of this work, the purpose of the study was achieved, and the definition of "counterfeiting in the field of industrial property" as intentional, for commercial purposes, the illegal introduction of material goods (products) that are externally identical or like the originals made using industrial objects property, without the consent of the owner of these objects. |
