Turchyn L. Intellectual property rights as a contribution to the charter capital of the companies

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101005

Applicant for

Specialization

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

06-07-2020

Specialized Academic Board

Д 35.051.27

Ivan Franko National University of Lviv

Essay

It is substantiated that intellectual property rights are an independent object of civil circulation. The procedure for introducing intellectual property rights to the authorized capital of certain types of companies, are analysed. Types of companies, the formation of the charter capital of which is impossible at the expense of intellectual property rights, are specified. The introduction of intellectual property rights into the charter capital of companies through the lens of investment relations is explored. Despite the special form of disposal of intellectual property rights, the position on the need to conclude a separate contract was maintained, but only in case of intellectual property rights introduction into the charter capital of companies. It is necessary, in particular, to conclude an investment contract with elements of both an exclusive intellectual property rights transfer agreement and a license contract, as well as the agreements specified in the corporate legislation (company founders agreement, additional contribution introduction contract, etc.). It has been studied that the volume of tradability of intellectual property rights for separate intellectual property objects is different. Scientifically substantiated proposals for the implementation of intellectual property rights by their inclusion in the charter capital of the companies and recommendations for improving national legislation in this area.

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