ON DELINEATING LIMITS AND RESTRICTING EXCLUSIVE RIGHTS

Abstract

Based on the analysis of scientific approaches reflected in the legal literature to the relationship between the concepts of "limits of civil rights" and "limitations of civil rights", the article distinguishes these concepts in the context of exclusive rights. Arguments are given to substantiate the independence of these categories. The distinguishing approach to understanding the limits of the exercise of exclusive rights and limitations of exclusive rights is based on a broad system of re-strictions that includes all types of regulatory interference in the scope of exclusive rights, and not just restrictions on the use of an intellectual property by third parties. All these restrictions are op-posed to the limits of the exercise of the right, which represent the estimated limits of permissible behavior of the rightholder, formed on the basis of the principles of reasonableness, good faith and prohibition of abuse of law, the violation of which is not associated with a change in the scope of the exclusive right itself, but entails consequences in the form of denial of judicial protection in the formal existence of the right.