Semchyk V. Legal Regime of Intellectual Property of Railway Transport in Ukraine

Semchyk V.O. Legal Regime of Intellectual Property of Railway Transport in Ukraine. – Qualifying scientific paper as a manuscript. Thesis for the degree of Сandidate of Juridical Science (Doctor of Philosophy) in the specialty 12.00.03 – civil law and civil process; family law; private international law. (081- Law). – Scientific-research Institute of Intellectual Property, National Academy of Law Sciences of Ukraine, Kyiv, 2021. The thesis is a comprehensive study of legal regime of intellectual property of railway transport in Ukraine. Thesis explores existing approaches to understanding the concept of legal regime. The main points of view regarding the complex of its features are given. An approach is proposed, according to which the features of the legal regime play a key role in differentiation of the legal regimes of different sectoral (institutional) directions. It is established that the specificity of legal regimes is related mainly to the objects for which such legal regime is constructed in the rulemaking process. The author's vision of the concept of “legal regime of intellectual property objects in the field of railway transportation” is proposed and the system of its characteristics is revealed. The study analyzes the formation of the property of railway transport enterprises of Ukraine - JSC "Ukrzaliznytsia" in the process of reorganization into a joint stock company. At the same time, the basic issue was to determine the place of intellectual property rights in the formation of the authorized capital of JSC "Ukrzaliznytsia". Given the peculiarities of the order of formation of the authorized capital of joint stock companies, its increase for JSC "Ukrzaliznytsia" due to the commercialization of intellectual property (intangible assets) can occur only by placing additional shares of existing nominal value without a public offer by the Cabinet of Ministers of Ukraine. The right to indicate the origin of goods, goodwill, innovation proposal cannot be a contribution to the authorized capital. Only property rights to inventions, utility models, industrial designs and trademarks may be included in the authorized capital of JSC Ukrzaliznytsia.