Mytnyk A. The Scientific Park as a subject in intellectual property relations.

This Thesis is individual completed academic affair on reviewing the legal nature of Science Park as a subject in intellectual property relations and civil legal handling of Scientific Park’s functioning. The Scientific Parks determine the possibility of development of science and innovation potential of state at current intellectual property relations. The review of legal relations related to Science Park’s functioning was made after researching the laws of Ukraine and other countries, doctrines, legal precedents which enabled to lay out the approach to notion of Science Park and determine its main features as a subject in intellectual property relations. The review of different theoretic and methodological and legislative approaches to notion and peculiar features of Science Park in Ukraine and abroad was made. The classification of Science Parks was made as well as its main criteria was described based on these data. The procedure for establishment of Science Parks under domestic Law and foreign Law was reviewed. The distinctive features of Science Park as legal person in Civil Law were summarized: the Science Parks are legal persons and independent subject of Law. They have the following distinctive features: they are established and registered in accordance with the Law, they can have civil legal capacity and civil competence, they have the right to be Plaintiff and Defendant at the court proceedings, they have integrity, they can be financially independently liable, and they can act in their own right in civil transactions. It was concluded that the Law of Ukraine on establishment and regulation of Science Parks’ functioning generally meets its purposes and is the most developed among Post Soviet countries, though based on completed research some conflicts and gaps were found out which should be removed. Namely the issues on separation of jurisdictions on performing the projects of Science Parks and carrying out control by Higher Education Institutions and Academic Institutions and doubtful position of Initiator of Science Parks’ establishment. The issue of separation of property and non-property rights on intellectual property items was considered. Thesis focused on research of personal intellectual property rights of Science Park’s employee on item established under performance of Labor Agreement. Based on theoretic and doctrine provisions the author proposed the classification the main factor of which is the form of Science Park’s structure, namely the form of Science Parks and Technology Parks structure. Author qualifies Technology Parks, Technopolises and Rearers to Technology Parks’ structure. Based on opinions mentioned in researches the Candidate for a degree agrees with opinion that Science Parks and Research Parks are identic but different names were given to such structures due to historical aspects (the Science Parks are typical for USA and Research Parks are typical for United Kingdom), but this doesn’t alter their essence and functionality. The main peculiar features of innovation functioning of Science Park in civil and legal aspect were researched. After reviewing legislation and learned treatises the author concluded that innovation functioning of Science Park includes the set of scientific, technological, organizational, financial and commercial measures focused on commercialization of stored knowledge and experience. The Science Park as the source of innovations forms the certain system of new knowledge and technologies distribution which enables the acceleration of transformation of inventions to innovations, and innovations to competitive advantages creating thereby the basis for further economic growth.