INTELLECTUAL PROPERTY RIGHTS AS AN OBJECT OF CIVIL CIRCULATION
Journal Title: Право та інновації - Year 2014, Vol 4, Issue 8
Abstract
Problem setting. In the terms of economy innovation development, intellectual property acts as good subjected to monetary valuation and turnover. In this aspect, the problems of legal regulation of relations concerning with intellectual property rights transferring between different entities within the civil circulation become currently central. Analysis of recent researches and publications. Problems concerning with the very concept of civil circulation and property rights as its objects have been studied in the works of V.A. Belova, B.B. Ebzeyeva, S.O. Slipchenko, I.V. Spasybo-Fateeva, S.I. Shimon, O.S.Yavorska and several other scientists. Also, some aspects of intellectual property rights turnover have been discussed in scientific publications of such scientists as J.Y. Atamanova, O.M. Vasylieva, O.O. Horodov, O.L. Makovskii, O.M. Melnyk , I.Y.Tomarov, O.I. Harytonova etc. Target of research. The goal of this research is to determine the objects of civil circulation in the context of intellectual property relations and clarify the characteristics of circulability of property rights on certain objects of intellectual property. Article’s main body. Ukrainian legislation provides that the objects of intellectual property "in statics" is the same intellectual property rights (the results of intellectual activity and means of individualization), whereas the objects of relations that mediate theirs "dynamic", it means movement under civil circulation, acts as intellectual property rights. Firstly, this is due to the fact that the results of intellectual activity and means of individualization (because of its intangible nature) could not act as transferring objects, because it’s related with the item of property. Thus, the transfer of the material object that materialized in the object of intellectual property right won’t affect at the dynamics of the intellectual property relationship. Secondly, objects of intellectual property rights could not serve as objects of civil circulation due to the fact that for such objects law provides accruer of two groups of subjective rights, non-property rights and intellectual property rights. Therefore, in the civil circulation it is impossible to transfer the totality of intellectual property rights on the corresponding object from one entity to another – it is possible to transfer the property rights. Intellectual property rights could have varying degree of circulability. It depends on the object of such rights. According to a general rule, intellectual property rights are free in circulation. The exceptions to this rule are established by law in respect of property rights on certain intellectual property rights objects. Intellectual property rights on a commercial (trade) name, secret invention or utility model refer to limited circulation objects. The essence of geographical indications and features of the rights on it determine the unavailability of such rights become the subject of civil circulation. Conclusions and prospects for the development. Objects of civil circulation in intellectual property field are the intellectual property rights. Intellectual property rights circulate freely, except those that, by the law, are limited or withdrawn from civilian circulation. Keywords: civil circulation; intellectual property; property rights; circulability.
Authors and Affiliations
Igor Yakubivskyy
Keywords
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