The protection of patent rights, as well as the protection of related intellectual property rights (including the protection of copyright), is provided by the methods provided for by our legislation, taking into account the consequences of the violation of this right. Any person who uses a product of intellectual labor is entitled to use it only with the consent of the author or copyright holder, with the exception of using this product within the limits established by law (quoting, selling copies of a product of intellectual labor lawfully released into civilian circulation with the consent of the copyright holder, etc.). In order to legally confirm the consent to the use of intellectual property by other persons (not having exclusive rights to IP), a licensing agreement between the holder of rights is concluded. Therefore, in order to prove the violation of copyright on intellectual property, the following circumstances are necessary:
- the fact of using the product of intellectual labor in some way (pertaining to intellectual property of one of the types of actions provided for by the Civil Code;
- no license agreement with the copyright holder. If the violator is not proven guilty, he is still obliged to stop copyright infringement, and also does not exclude the possibility of applying special measures against him that are aimed at protecting exclusive rights. Sometimes the Civil Code may establish special methods of copyright protection, which are intended to be used exclusively for violations in individual cases, in particular, the rules on the possibility of collecting special financial compensation for violating a right.