Dmitrishin V. Obtaining and transfer of computer programs rights

The Thesis is dedicated to the study of the copyright law in order to derive scientifically grounded and authentic results and recommendations as for the means, forms, order and peculiarities of property and non-property computer programs rights obtaining and transfer. It is determined that the regulatory and legal framework of this area needs improvement in a part of legal relationship regulations in the obtaining and transfer of computer programs rights area. A new definition for the notion "computer program" is specified. It is proposed to widen the grounds for obtaining the rights for works and the range of intellectual property right subjects. There are made provisions for strengthening of the investor's (employer's, customer's) office computer program rights protection and for leveling the make-to-order programs with them in terms of the legal status. The term "license" is specified, the possibility of electronic or paper drafting of a document, as well as joining by one party the terms stated bythe other party, is provided. A direct definition of the terms "utilization of a work" and "exhaustion of rights" upon the first marketing or any other transfer of the property rights for a copy of a work is given. The recommendations as for the general provisions and specific terms, worth mentioning in license contracts for computer programs utilization, are worked out.