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| Article title | Legal Forms of Transfer of Proprietary Rights to Intellectual Property in the Business Sector | ||
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) | ||
| Issue | 6/2018 | ||
| Сторінки | [31-42] | ||
| DOI | 10.33498/louu-2018-06-031 | ||
| Annotation | Development of national economy in accordance with the innovation model requires an efficient system of legal support for the relations ensuing from transformation of the intellectual activity results into innovative products and innovations, and introduction of the rights to intellectual property into circulation in the business sector. Given the expansion and a more complex nature of the methods via which intellectual property rights are commercialized owing to various qualities acquired by these rights, it is increasingly important not only to examine the contracts for intellectual property right disposal which are enshrined in law, but also to develop other legal forms designated to serve as a go-between in cases of transfer of rights to objects of intellectual property in the business sector. The purpose of the article is to finalize the scientific and theoretical provisions relating to the transfer of proprietary rights to intellectual property in the business sector. The author shows the methods introducing intellectual property rights into circulation in the business sector within the framework of corporate, contractual and pledge relations. It is established that the specific nature of these legal relations leaves its mark on the legal forms of transfer of intellectual property rights. The article demonstrates that when economic relations become more complex, this is accompanied by the expansion of the scope and methods used to introduce intellectual property rights into the business sector. At the same time, the specifics of the mechanisms for the exercise of these methods of rights transfer generate a need for development of a legal form adequate to the said specifics. The author proves that regulation of intellectual property rights transfer under economic law does not provide for an appropriate definition and differentiation of legal forms of intellectual property rights transfer in the course of arrangement and performance of business activities, in the manner which would take into account the broad economic potential of these rights in terms of meeting various economic interests of business entities. As a result of the research, the author provides substantiation for the types of legal forms of transfer of proprietary rights to intellectual property in the business sector in case such rights are contributed as a contribution to the authorized capital of a business entity, or a contribution to joint activity (general partnership); or when proprietary right is used as the subject of pledge and further alienated in case of the exercise of the pledge. On this basis, the author concludes that it is advisable to improve the regulation, under economic law, of relations arising in connection with intellectual property rights transfer in terms of statutory definitions of the types of legal forms for the transfer of these rights. |
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| Keywords | майнові права інтелектуальної власності; об’єкт інтелектуальної власності; правова форма; договір; передання прав; господарський оборот | ||
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11. ‘Stanom na 1 sichnia 2018 roku (z 1992 roku) do derzhavnykh reiestriv vneseno 518 701 okhoronnyi dokument na OPV’ [‘As of January 1, 2018 (since 1992), 518,701 security documents were submitted to the state registers for IPOs’] (Ukrainskyi instytut intelektualnoi vlasnosti (Ukrpatent), 2018) accessed 10 May 2018 (in Ukrainian).
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