Moskalenko O. License as a form of disposal of copyright and related rights

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002947

Applicant for

Specialization

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

01-07-2016

Specialized Academic Board

Д 64.051.28

V.N. Karazin Kharkiv National University

Essay

The object of the research is regulated by civil law public relations developing in the use of objects of copyright and related rights on the basis of the license-permit. Objective: to develop a theoretical model of disposal property copyright and related rights in the form of licenses and justification proposals for improvement of legal regulation of relations on the use of objects of copyright and related rights, which is based on the resolution in the form of a license granted by the copyright holder. Methods: The general scientific and special methods of cognition (materialistic, historical, comparative legal, logical, systematic, analysis and synthesis, induction and deduction method). Also, historical and economic method, dialectical, for-mal-logical and formal-legal and method of historical analysis was used. Theoretical and practical results, scientific novelty: for the first time introduced the institution of free licenses in the legislation of Ukraine. Author's definition of a free license was formulated. The proposition that the legal nature of a free license is a public offer of the encumbrance of the exclusive right is substantiated. Improved provision according to which the content of the contractual relationships that arise in connection with the acceptance of the free license, is a commitment to provide the right to use the work in a certain way, in a certain area and a certain time, which allows us to characterize an agreement, concluded by the acceptance of the free license, as the one-sided binding. The definition of the license was improved. Has been further developed the provisions of the absolute nature of the exclusive rights; a provision stating that the use of the right to free licensing constitutes a legal fact which gives rise to the encumbrance of the authorized entity (licensor) as connectivity and the emergence secondary right of acceptance for the person not pre-determined. It is proved that no legal relationships arised, but special legal form, which is characterized by directional effect on the legal position of the licensor (and therefore acts as a manifestation of legal capacity) and a reflex effect on the sphere of the legal possibilities of the potential licensee's (and therefore acts as a kind of reflexive legal effects). Practical value: the basic provisions, conclusions and recommendations can be used in scientific research field and in the field of legislative drafting - for the improvement of certain norms of the civil legislation of Ukraine in the field of copyright, the development or improvement of legal documents. Scope of use: in the educational and methodical work – for the preparation of lectures, tutorials and scientific-methodical recommendations for civil and legal disciplines, intellectual property law, in the educational process in teaching the courses «Civil Law. General Part», «Intellectual property law».

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