Тrofymenko O. Pledge of intellectual property rights

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005245

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

30-06-2015

Specialized Academic Board

К 64.051.28

Essay

Object of research: public relations, flow from the pledge of intellectual property rights as a way of ensuring the ful-fillment of obligations and procedural relationships that flow from foreclosure of the intellectual property rights in the event of failure of the principal obligation. Methods: as a general scientific and special methods of learning, including: materialistic, historical, comparative legal, logical, systematic research methods, analysis and synthesis, induction and deduction, and others. Scientific novelty: for the first time – proposed definition of «contract of pledge of intellectual property rights». Established a list of objects of intellectual property rights and individual property rights that can not be pledged on the basis of their ability for turnover: a) the right to obtain a patent for an invention, utility model, industrial design; b) commercial (brand) name, except the integral property complex; c) the right to register and obtain a certificate on topography of integrated circuits; d) commercial secrets; e) an innovative proposal that recognized legal entity, except pledge enterprise as integral property complex; g) the right to obtain a patent for plant varieties and animal breeds; g) the geographical indication without property complex. Proved the need for introduction of a compulsory license as a way of foreclosure the intellectual property rights. Proposed to expand the list of documents on which can be foreclosure intellectual property rights, with help by the following: a) the judgment approving the com-pulsory license; b) notary's executive inscription on the contract of pledge of intellectual property rights; c) the contract of pledge of intellectual property rights subject to re-registration of intellectual property. Developed the procedure of foreclosure on property rights for intellectual property rights. Practical value: the results of the study can be used in legislative activity – for the improvement of the current national legislation and the development of new legal acts in this area; in law enforcement activities – the implementation of civil justice in Legal Practice, etc; in research work - for further research pledge of intellectual property rights. Scope: in the educational process in teaching courses «Civil Law», «Intellectual Property Rights» and the curriculum as well as in the preparation of textbooks and other teaching materials.

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