Burlakov S. Cinematographic work as an object of the law of intellectual property

The thesis is dedicated to studying the topical issues of theoretical law enforcement character, connected both with creation, using the cinematographic work as an object of intellectual property and defense of the intellectual rights on it. The paper studies the concept, the features of a cinematographic work, and the peculiarities of its legal safeguard. The thesis also presents the description of the actual arguments in Ukraine's substance law in force as for the legal regulation of the creating and using a cinematographic work as an object of the law of intellectual property; the changes in the existing legislation are suggested in order to avoid such situations. The study proves that in case of a possible independent usage of cinematographic projects, their only author is the person that produced them by own creative work. The thesis demonstrates that only a physical body can be the original owner of subjective civil rights on cinematographic works. Judicial bodies receive further rights on the intellectual property of a cinematographic work in general on the basis of a contract. The mechanisms of realization and defense of the subjective rights on a cinematographic work are studied by the author.