PLMET:

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Title:

Contracts of disposal of intellectual property rights under Ukrainian legislation   Dogovori ŝodo rozporâdžennâ majnovimi pravami ìntelektual′noї vlasnostì za zakonodavstvom Ukraїni

Subject and Keywords:

licence contract   licence   copyright contract   intellectual property rights

Description:

Tekst w jęz. ukr., streszcz. w jęz. pol. i ang.

Abstract:

This article deals with the types of contracts of disposal of intellectual property rights under Ukrainian legislation. Their legal regulation is performed by the Civil Code of Ukraine Chapter 75 and by acts of specific legislation. The legislative list of such agreements is inexhaustive. Based on the principle of freedom of contract, participants in civil relations may conclude another contract that does not provide acts of civil law but meets the general principles.The license for using the object of intellectual property is specified among the types of contracts of disposal of intellectual property rights. The licence, as permission to use the facility, is not a contract and can be designed as a separate document or can be a part of a licence contract. Giving the user licences of property rights is a unilateral transaction, under which he has appropriate permissions. Licence contract is a universal legal ground use of intellectual property rights.Intellectual property rights may be pledged or be a contribution to the authorized capital of entities. In this case, the using shall be in accordance with pledge and corporate law with considering the requirements of specific legislation in the field of intellectual property.The author's classification of contracts has been suggested under which the disposal of intellectual property rights can be carried out: 1 according to the legal outcome: contracts aimed at creation by request and using intellectual property; contracts of using objectsof intellectual property; contracts of using objects of intellectual property rights; contract of management of intellectual property rights; an institutional contract aimed at creating intellectual property, distribution of intellectual property rights, using of a created object. 2 according to the functional purpose of the contract in the mechanism of using objects of= intellectual property and rights to them: main contracts based on which the transfer occurs in the using of object of intellectual property or proprietary rights corresponding to such objects; additional which regulates relations that preceded the creation of the appropriate object or supplement the main one. 3 according to the legislative regulation certainty, orderliness in the legislation: named contracts e.g. licence contract, contract of the transfer of exclusive intellectual property rights, etc.; unnamed contract contract of the transmission and use of know-how.The features of transferring the intellectual property rights on different objects based on their ability to work, specific features, terms of their effect and the requirements for patenting have been researched.

Place of publishing:

L'vìv

Publisher:

L'vìvs'kij nacìnal'nij unìversitet ìmenì Ìvana Franka

Date issued:

2017

Identifier:

ISSN 2082-4939

Source:

PAd P 102216 II

Language:

pol   ukr   eng

Relation:

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2017, 8, s. 153-163

Is part of:

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Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Vidavnictvo L'vìvs'kogo nacìonalʹnogo unìversitetu ìm. Ìvana Franka

Autor opisu:

WR U/PAdbg