THE EXERCISING OF THE INTELLECTUAL PROPERTY RIGHTS BY THE HIGHER EDUCATION INSTITUTIONS
Journal Title: Право та інновації - Year 2016, Vol 2, Issue 14
Abstract
Problem setting. Here is observed the problems of the exercising of the intellectual property rights by the higher education institutions based on the Law of Ukraine on Higher Education 2014, Law of Ukraine on Scientific, Research and Development Activity 2015 and some other laws.Analysis of resent researches and publications. The following scientists discovered the specified question: Y. Atamanova, O. Kohanovska, V. Kravchuk, R. Shishka and others. Article’s main body. Nowadays, the Ukrainian higher education institutions are the real force scientific centres, which create essential part of the intellectual property rights items. Nearly 40 percents of applications for inventions and utility models income from the higher education institutions. Scientific, research and development and innovation activity may be carried out by higher education institutions, including through legal entities established by these institutions with the purpose of bringing scientific, research and development outputs produced by a higher education institution to the level of an innovative product and its further commercialization. Higher education institutions have right to dispose intellectual property rights for the scientific, research and development activity results. Civil contract (contract on transfer of intellectual property rights, license contract etc.) is the basic form of such disposing. The laws of Ukraine on Higher Education, on Scientific, Research and Development activity, on Research Parks provides a possibility of higher education institutions to contribute their own intellectual property rights in the authorized capital of legal entities (commercial partnerships, research parks, techno-parks, business incubators, etc.). In these laws are used the different terms to marking the object of such contribution («intellectual property rights», «non-tangible assets», «technology»). Conclusions and prospects for the development. Modern legislation of Ukraine provides for the higher education institutions wide possibilities for commercialization of their scientific, research and development activity results. Although, there are some problems, concerning to the relativity between the special laws in science, education and innovation scopes and the civil legislation of Ukraine. The laws of Ukraine on Higher Education (art. 69, 70), on Scientific, Research and Development activity (art. 60), on Research Parks (art. 13) and the project of Law on support and development of innovation activity (art. 28) must fix, that exactly intellectual property rights are the contribution to the authorized capital of legal entity. It is necessary to exclude the legislative prescription of art.60 Law on Scientific, Research and Development activity, provided that the intellectual property rights, which were contributed to the authorized capital of commercial partnership, still belong to a state higher education institution or state research institutions
Authors and Affiliations
I. E. YAKUBIVSKYY
Keywords
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