Zinych L. The legal order of state usage of industrial property objects.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U004016

Applicant for

Specialization

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

09-10-2017

Specialized Academic Board

К 20.051.14

Kolomyia Educational-Scientific Institute The Vasyl Stefanyk Precarpathian National University

Essay

The thesis is dedicated to complex research of legal order of state usage of industrial property objects, as well as generation of scientifically proven proposals to improve current Ukrainian legislation.The thesis substantiates that the objects of industrial property should include an invention, a utility model, an industrial sample, topography of an integrated circuit. We have provided general characteristics of industrial property objects and discovered that the individualizing feature of IP objects is the conditions of their legal protection, as well as their technical purpose. Considerable attention has been paid to the legal status of official and secret inventions, utility models, as well as particular characteristics of their usage.The author of thesis analyzed scientific opinions regarding the usage of industrial property objects, which allowed to formulate his own definition of the legal order of usage of industrial property objects. It is proposed to subdivide the order of state usage of industrial property objects into contractual and legal, according to the basis for the origin of the right. We have reviewed the legal aspects of the usage of industrial property objects according to the legislations of China, Japan, the USA, Russia, Germany, France and Czech Republic.The state has been characterized as the owner of the right to industrial property objects, taking into account its public and private legal personality.The contracts that are aimed at the state usage of industrial property objects are a license agreement, a concession agreement, a contract about the custom creation and usage of an object of intellectual property, a contract about the cession of exclusive intellectual property rights. We have defined the order and the form of entrance into contracts about the state usage of industrial property objects, financed from the State budget of Ukraine. We have researched the essence of contracts about the usage of industrial property objects and substantiated the division of such contracts into objectively essential and subjectively essential. The subject of contracts about the usage of industrial property objects are intellectual property rights to an invention, a utility model, an industrial sample, topography of an integrated circuit. Based on the study of materials of jurisprudence and current legislation, we have researched the order of change and termination of agreements about the state usage of industrial property objects.

Files

Similar theses