scholarly journals Legal regulation of the license agreement

2021 ◽  
pp. 15-19
Author(s):  
Alona Tkachuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
License Agreement ◽  
Intellectual Activity ◽  
License Agreements ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Exclusive Property

The legal regulation of the license agreement is considered. Its contractual construction is investigated. The norms of the Civil Code of Ukraine and other normative legal acts on determining the essential terms of the license agreement are analyzed and it is clarified, which conditions must be agreed by the parties in order for the license agreement to be considered concluded. The scientific analysis of the legal nature of the license agreement in the system of civil law agreements is carried out. The objective essential conditions and features of concluding a license agreement are revealed. The subject and terms of the contract are considered. The rights and responsibilities of the licensor and the licensee are analyzed. The advantages of each party of the contract are determined. The civil law aspects of regulation of contractual license relations are investigated. The legal nature of the license is determined. The classification of license agreements has been carried out. The analysis of the current legislation in the field of granting property rights to the results of intellectual activity is carried out. The essential conditions of the agreement on creation on the order and use of the object of intellectual property rights and the agreement on transfer of exclusive property rights of intellectual property are investigated. The relationship between the license and the license agreement has been clarified. Recommendations on the structure of license agreements and advice on their content and method of presentation are provided. Conclusions and proposals, aimed at improving civil legislation in the field of legal regulation of license agreements, are formulated. It is concluded, that the license agreement is a fair mechanism for obtaining remuneration for the creation or acquisition of intellectual property

Legal Nature of Results of Scientific Activities

2019 ◽  
pp. 15-24
Author(s):  
Dmitry Murzin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Combined Application ◽  
Research Activities ◽  
Legal Nature ◽  
Protected Object

At present, social development as a whole is determined by the results of research activities. For this reason, it is important to identify the legal nature of the results of scientific activity. The aim of the article is to determine the boundaries of legal regulation of relations on creation and use of the results of scientific activity. The article analyzes the concept «the result of scientific activity» from the points of Russian legislation and civil law doctrine. The author discusses various options for improving legal regulation of civil law relations regarding the results of scientific activities from the standpoint of the correlation of such results with the protected object of intellectual property rights. These options range from expanding the circle of protected objects of intellectual property rights in the framework of the existing system to developing special absolute rights to the results of scientific activity. In some cases, the author refers to historical experience of the Russian law. It is concluded that identification of the legal nature of the results of scientific activity should be carried out with the combined application of all approaches de-scribed.

On Certain Questions of Circulation of Exclusive Rights and Material Carrier of Objects of Intellectual Property

10.12737/5495 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 5-10
Author(s):  
Марина Рожкова ◽  
Marina Rozhkova
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Legal Protection ◽  
Legal Authority ◽  
Intellectual Activity ◽  
Named Objects ◽  
Exclusive Property ◽  
The Right ◽  
Exclusive Right

The article draws attention to the main sign of intellectual property, which set them apart from other objects of civil rights, their intangible nature. Given this characteristic, it is emphasized that in civil circulation are introduced themselves the objects of intellectual property and exclusive rights to them and physical media that embodies these objects. In addition, the rules of entering into civil turnover for the named objects of civil rights — exclusive rights and material carriers is different. Physical media are differentiated depending on what is the purpose for their creation. If the purpose of fastening of the object of intellectual activity on the material carrier is to obtain the legal protection of this object, it is a primary material embodiment; if the goal is the introduction of a quantity of material carriers — talking about secondary material embodiment. Exclusive (property) rights can be the object of civil transactions in situations where the right holder provides the legal authority: either alienates belonging to him of the exclusive right to fully or allows another person to one of the rights that make up the exclusive right, the right use of the object of intellectual property rights on conditions of the license.

scholarly journals TRANSFER OF EXCLUSIVE RIGHTS ON OF INTELLECTUAL PROPERTY

2020 ◽  
pp. 242-248
Author(s):  
Gleb P. Bredihin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Theoretical Research ◽  
Property Law ◽  
Intellectual Property Law ◽  
Legal Nature ◽  
Characteristic Features ◽  
New Criterion

In this article the concept of intellectual rights is discussed as well as the most important problems of intellectual property’s transfer and the ways to solve these problems. The article is devoted to a comprehensive study of ways to transfer exclusive (intellectual property) rights. The characteristic features of licencing agreements, alienation agreements and other agreements in the fi eld of intellectual property transfer are highlighted and described. This article is an attempt to reveal the main causes of the legislation’s imperfection as a consequence of the lack of theoretical research in this area. The legal nature of the agreement on the transfer (sail) of intellectual property is determined. Substantial restrictions on the transfer of intellectual property by primary owners are proposed. A new criterion of intellectual property law theory is highlighted. The new author’s classifi cation of intellectual property contracts is given. We propose measures to improve the legal regulation of pledge in intellectual property law. The main problems of exclusive rights and authorised (share) capital and options for overcoming them are given. The practical and theoretical problems of applying commercial concession (franchising) are analysed, a new criterion of legal relations related to commercial concession is proposed. All the proposed conclusions are the result of a long scientifi c work and practical protection of intellectual property rights as an attorney at law.

scholarly journals Problems of the definition and characteristics of the contractual basis for the limitation and encumbrance of ownership of real estate in Ukraine

2021 ◽  
pp. 341-348
Author(s):  
Inna Sevryukova
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Real Property ◽  
Legal Literature ◽  
Legal Nature ◽  
Characteristic Features ◽  
State Registration ◽  
The Right

Introduction. The legal description of the contractual grounds for restrictions and encumbrances on the right of ownership of real estate can be provided only after a comprehensive study of the common features of the contractual structures, which establish the relevant rights and obligations of the parties. The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. It should also be emphasized that each subjective right has its limits of exercise, including the subjective right of ownership, as well as other real property rights. Of course, the nature of such restrictions must be different and depend on the content and nature of the restricted right, its object and the grounds for the restrictions. That is, restrictions on property rights and other property rights cannot be the same. Restrictions on property rights are established in the interests of society and arise by law, as well as in the interests of individuals (on the basis of law, contract, court decision), and restrictions on other property rights are primarily due to protection of the property from which they originate and the legitimate interests of the owner. In our opinion, the category of real contracts should include those types of contracts relating to real estate, including contracts of encumbrance of property rights on the basis of which the rights subject to state registration arise. Purpose and objectives of the study The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. Therefore, we can argue for the existence of a certain generalizing type of contract, the features of which are inherent in all its subspecies, in particular, contracts for the establishment of easements, superficies, emphyteusis, mortgage agreement. Such an agreement in the legal literature is called by some authors as a real contract. However, issues concerning its legal nature, place in the system of civil law contracts remain debatable. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of problematic issues of contractual grounds for the emergence of restrictions and encumbrances of property rights to real estate. It should be emphasized that these issues are controversial due to the lack of clear legislative regulation, which leads to imperfect legal regulation and violations of the rights of participants in property turnover. Research conclusions. As a result of the study, the idea is given that in the current legislation of Ukraine due to the lack of a clear concept of the relationship between the category of "encumbrance" and "restriction" of property rights, as well as the uncertainty of property rights, some questions remain about the classification of certain rights accordingly, about the types of material contract, this issue is debatable and needs further study. It is possible to make about polystructurality of the real contract that causes division of this type of the civil law contract into kinds and subspecies. In our opinion, such a division depends on the legal nature and scope of the relevant types of restrictions and encumbrances on the right of ownership of real estate, which are proposed by current civil law.

scholarly journals Concept and grounds for the acquisition of ownership rights in the civil law of the Russian Federation

2021 ◽  
Vol 39 (71) ◽  
pp. 543-553
Author(s):  
Svetlana S. Aleeva ◽  
Maria Ye. Zhukova ◽  
Svetlana A. Ivanova ◽  
Albina V. Kachmazova ◽  
Elena B. Kozlova
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Inductive Method ◽  
Important Place ◽  
Main Method ◽  
Legal Norms ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Ownership Rights ◽  
Historical Methods

The purpose of the article was to study the legal nature, concept, and motives for the acquisition of property rights in Russian civil law. The main method of documentary research. The article also uses the inductive method, the method of systematic scientific analysis, comparative legal methods, and historical methods. The main method underlying the solution of the problem is to study the legal bases and characteristics of the acquisition of property rights. The article demonstrates the theoretical irresoluble of the problem of scientific understanding of the grounds for acquiring property rights in the civil law of Russia and other countries. The authors of the article consider that the interpretation of Russian legal norms on property rights is multidimensional in contrast to the relatively recent past. It is concluded that judicial argumentation has occupied an important place in the modern scientific interpretation of civil law rules on property rights. Both the modern legal state and the constitution were created by interpretation and argumentation, including the rules of the property law institute.

scholarly journals MODERN LEGAL MEANS OF TRANSFER OF INTELLECTUAL PROPERTY RIGHTS

2021 ◽  
pp. 36-40
Author(s):  
T. I. Begovа
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Economic Activities ◽  
Legal Form ◽  
Intellectual Activity ◽  
Economic Relations ◽  
Joint Activities ◽  
Legal Forms

For the development of the national economy, an effective system of legal support of relations is formed, which is formed as a result of transformation of intellectual activity results into innovative products and innovations, introduction of intellectual property rights into economic turnover. Given the expansion and complexity of ways to commercialize intellectual property rights in connection with the acquisition of these rights of various qualities, it is important to study not only the statutory agreements on the disposal of intellectual property rights, but also to develop other legal forms that mediate acts of transfer objects of intellectual property in the field of management. The purpose of the article is to refine the scientific and theoretical provisions on the legal forms of transfer of intellectual property rights in the field of management. The ways of involving intellectual property rights in the economic turnover within the framework of corporate, contractual, mortgage legal relations are revealed. It is established that the specificity of these relations leaves its mark on the legal forms of transfer of intellectual property rights. It has been found that with the complication of economic relations, the spheres and ways of involving intellectual property rights in economic turnover are expanding. Thus specificity of mechanisms of realization of the specified ways of transfer of the rights causes necessity of working out of the legal form adequate to this specificity. It is proved that economic and legal regulation of transfer of intellectual property rights does not provide proper definition and differentiation of legal forms of transfer of intellectual property rights in the organization and implementation of economic activities, which should take into account the broad economic potential of these rights. The study substantiates the types of legal forms of transfer of intellectual property rights in the field of management in the case of these rights as: contribution to the formation of the authorized capital of the business organization, contribution to joint activities (simple partnership); use as a subject of pledge and subsequent alienation of the pledged property right as a result of foreclosure on it. On this basis, a conclusion was made about the expediency of improving the economic and legal regulation of relations in the field of transfer of intellectual property rights in terms of normative definition of types of legal forms of transfer of these rights.

scholarly journals Protection of genomic research data as the objects of intellectual property

2020 ◽  
pp. 167-178
Author(s):  
Olesia Valer'evna Belaia
Keyword(s):  
Intellectual Property ◽  
Civil Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Trade Secret ◽  
Pharmaceutical Products ◽  
Research Data ◽  
Genomic Research ◽  
Intellectual Activity ◽  
Definition Of

The object of this research is the determination of legal nature of genomic research data and their role among the objects of civil law. The subject of this research is the data of preclinical and clinical studies of pharmaceutical products, mostly those that contain biomaterial and biomedical cell products. The author underlines the problem of the absence of due legal regulation of genomic research data as the objects of law within Russian legislation, as well as protection of their rightsholders from anticompetitive use. The author reveals the possibility of recognizing genomic research data as the results of intellectual activity that are subject to legal protection as objects of intellectual property, as well as the need to enshrine them in the provisions of the Part 4 of the Civil Code of the Russian Federation. The main conclusion consists in the substantiation of the need for protection of genomic research data as the objects of civil law. Arguments are adduced on the potential reference of genomic research as the results of intellectual activity to the objects of intellectual property. The list of data that may comprise trade secret is subjected to critical analysis. The author proposes the original classification of the results of intellectual activity as the objects of intellectual property from the perspective of the presence of creative beginning as directly invented by human, and indirectly reflecting the result of human activity. The conclusion is formulated on the independent nature of the results of genomic research as the objects of intellectual property in the form of the results of intellectual activity. The author underlines the need for protecting genomic research data as a variety of results of such tests as the know-how, as well as corresponding revision of legal definition of trade secret captured in civil legislation.

Differentiation of the Legal Regulation of the Pledge Depending on from the Object

2021 ◽  
Vol 6 ◽  
pp. 39-44
Author(s):  
I. G. Zhabinsky ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Ongoing Debate ◽  
Intellectual Activity ◽  
Common Features ◽  
The Relationship ◽  
Legal Entities ◽  
Individual Objects

The article raises the question of differentiating the legal regulation of legal relations arising from a pledge, depending on the object of the pledge. Of course, the pledge as a way of securing the fulfillment of obligations is characterized by common features and general approaches to regulation, regardless of the object, at the same time, the features of individual objects require the specification of the relevant rules. The ongoing debate in science regarding the ratio of objects of civil rights, as well as the lack of unity on the issue of the ratio of individual objects, gives rise to a discussion regarding certain types of collateral, classified depending on the object. The author pays special attention to the pledge of property rights and proposes an approach on the relationship between certain types of property rights, in particular, rights of obligation, rights of participants in legal entities and exclusive rights to the results of intellectual activity.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

scholarly journals Normative-legal regulation in the sphere of intellectual property and its relationship with the plans of scientific and technological development of the country

2018 ◽  
Vol 4 (3) ◽  
pp. 210-226
Author(s):  
D. P. Fedulkin ◽  
V. G. Zinov
Keyword(s):  
Intellectual Property ◽  
Business Strategy ◽  
Technological Development ◽  
Legal Protection ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Policy Measures ◽  
Industrial Use ◽  
Methodological Approaches ◽  
Scientific And Technological Development

The article presents an overview of public policy measures in the field of identification, consolidation and inventory of rights to the results of intellectual activity with a high potential of industrial use. Proposals for the development of mechanisms of legal protection of individual intellectual property objects are substantiated. The instructive and methodical regulation of works on registration of results of scientific and technical activity under the state contracts is analyzed. Attention is paid to the complexity of the procedure of passing and agreeing the final results of their implementation. Methodological approaches to the improvement of identification and inventory of protectable results of intellectual activity obtained in the course of execution of state contracts as part of the organization’s activities in the field of innovation and technological development in order to implement the business strategy in the domestic and global markets are proposed.

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