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Therefore, the very issue of the place and status of norms in the field of intellectual property in the system of law becomes of a rather fundamental nature. the theory of intellectual property is guided by the fact that the source of the right to a specific result of creative activity is the relevant rule of law defining the first rightholder, or the clause of the agreement between the participants in the creation of such a result(4,20). each subsequent owner of the intellectual property must provide a documentary proof of entitlement. accordingly, intellectual property management involves tracking the legal grounds for recognizing specific results of creative activity by intellectual property. it is desirable to understand that the reason for most violations of intellectual property rights is economic and lies in its very essence, that is, in the monopoly of this right. if the monopolist is the rightful owner, since it is he and only he has the right to a specific object of intellectual property, and it is he who owns the right to use such an object, he has the opportunity to pursue price policy, including monopoly to set the inflated prices, and not rarely not only on the object of intellectual property, but also on the product in which such an object is embodied. in turn, intellectual property offenders, when selling counterfeit goods, are trying to get bigger profits as a result of dumping pricing policies. offenders, while reducing the price of counterfeit products and increasing production, may receive additional revenues, and the right holders do not have this opportunity. therefore, measures of legal liability - both civil, administrative, and criminal - can not give positive effects, provided that this does not take into account the effect of economic laws. and it is not bad now that more and more often there are the thoughts that intellectual property can act as a locomotive and a brake on the development of society.