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Article Civil Code of Ukraine and Problems in Perfection of the Legislation on Intellectual Property
Authors
Kharytonova О.
Name of magazine Scientific journal «Private Law»
Issue 2 (українська мова) / 2013
Pages 137 - 147
Annotation

The author carries out the analysis of a branch accessory of «intellectual property right» which is caused, first of all, by features of a subject and a method, and also the concept (ideology) of legal regulation setting the goals, purposes, and functions of the latter. Crucial circumstance are considered to be the concept (ideology) of legal regulation. The domestic concept of legislation rather clearly defines the legal essence (a branch accessory) of intellectual property rights in the objective sense of the term, considering it as a natural part of the Ukrainian civil legislation. In favor of this conclusion, the contents of the Civil Code of Ukraine, book fourth «Intellectual Property Rights» is suggested. Problem issues in defining the legal status of subjects of intellectual property legal relations, as well as the definition of the legal status of physical persons in this area, and also legislative definition of objects of intellectual property right are considered in the article. The author determines ways of solving the existing problems in the sphere of legal regulation of intellectual property relations, namely: continued adaptation of national legislation to EU legislation; adaptation of legislation on intellectual property in compliance with the Civil Code of Ukraine; bringing the provisions of the Civil Code of Ukraine in compliance with the established international norms in the sphere of intellectual property; reduction in conformity of certificates of the national legislation in intellectual property sphere among themselves and with the general legislation of Ukraine. It is noted that it is necessary to harmonize national legislation in this sphere, resolve existing conflicts and gaps. The regulation of intellectual property relations codified acts (primarily, the Civil Code of Ukraine) and special laws must be reconciled (harmonized) first of all. The author draws a conclusion on the necessity of two interconnected urgent tasks solutions: 1) to ensure overcoming the inconsistency of provisions of special acts in sphere of intellectual property with provisions of the Civil Code of Ukraine; 2) to specify the order of application of the acts on intellectual property relations regulation, determination of the prevailing act, in particular.

 
Keywords Civil Code, intellectual property, legal intellectual property, subjects of intellectual property rights, objects of intellectual property rights.
References
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