Main ways of using intellectual property

Abstract

Problem setting. 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. All intellectual property rights can be divided into the following categories: industrial property; innovative intellectual property; objects of copyright and related rights.

Analysis of recent researches and publications. Among the existing problems in the field of transfer of intellectual property rights, the imperfect level of regulation of the peculiarities of the legal forms of transfer of these rights occupies a significant place. Normative regulation is limited to the general provisions on classical contractual constructions. Problems of legal regulation of contractual relations in the field of intellectual property are covered in the scientific works of V. Kryzhna, V. Milash, O. Yavorska, I. Yakubivsky and others. The issues of the place of such agreements among civil law or commercial agreements, the division of agreements in the field of intellectual law according to various criteria, the state registration of these agreements and other aspects are studied.

Target of the research. The purpose of this research is to identify and make proposals to current legislation in certain areas.

Article’s main body. Analysis of civil law gives grounds to argue that all objects of intellectual property rights can be divided into the following types:

1. Objects of industrial property (inventions, utility models, industrial designs, trademarks or marks for goods and services, geographical indications, brand names);

2. Non-traditional objects of intellectual property (plant varieties, animal breeds, layout (topography) of integrated circuits, trade secrets, scientific discoveries, innovation proposals);

3. Objects of copyright and related rights (literary works, works of art, computer programs, data compilation, performance, phonograms and videograms, programs of broadcasting organizations).

Legislation provides for the main ways of using an invention, utility model or industrial design in the field of management. These include:

1) manufacture, offer for sale, introduction into commercial circulation, use, import or storage for the specified purpose of a product protected in accordance with the law;

2) application of a method protected in accordance with the law, or offering it for use in Ukraine under the conditions provided by the Central Committee of Ukraine;

3) offering for sale, introduction into economic (commercial) circulation, use, import or storage for the specified purpose of a product manufactured directly in a manner protected in accordance with the law.

Conclusions and prospects for the development. The article is devoted to the main issues of legal support the use of intellectual property. The author analyzes the legislation on intellectual property rights, the legal nature of the concept of «use of intellectual property», and its shape. The proposals regarding the species forms of the use of intellectual property and formulated proposals for further improvement of legislation in this area.

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.