FEATURES OF USE OF INTELLECTUAL PROPERTY OBJECTS LEGAL BASES AND PROCEDURE

Анотація

   Begova T. I. Features of use of intellectual property objects: legal bases and procedure. – Article.

The article is devoted to the main problems of legal support of the use of intellectual property. The author analyzes the legislation in the field of intellectual property, the legal nature of the concept of ‘use of intellectual property’, as well as its forms. Proposals on types of forms of use of intellectual property objects are provided and proposals on further improvement of legislation in this area are formulated.

   Today, very relevant is the question of commercialization of intellectual property. A necessary prerequisite is for profit is to use the property, putting it into circulation.

   Ways of using intellectual property are enshrined in Art. 426 of the Civil Code of Ukraine. It also enshrines one of the main postulates of the procedure for the transfer of intellectual property rights: the use of intellectual property by another person is carried out with the permission of the person who has the exclusive right to allow its use, except in cases of lawful use without such permission.

In particular, the legal form of the use of intellectual property by the following attributes: 1) agreement on the introduction of the authorized capital property rights to intellectual property; 2) contracts for manufacturing application of intellectual property; 3) agreement on the distribution of property rights to intellectual property between the employee and the employer; 4) contracts for the disposal of property rights to intellectual property; 5) other contracts that do not contradict the laws of Ukraine.

This attention is focused on the fact that not solved the possibility of commercialization of intellectual property created by public research institutions financed from the State Budget of Ukraine.