Tverezenko O. Civil law contract as a basis for acquiring economic rights of intellectual property

Tverezenko O.O. Civil law contract as a basis for acquiring economic rights of intellectual property. -Manuscript. Dissertation for the scientific degree of a Candidate of Legal Sciences (Doctor of Philosophy), specialty 12.00.03 - Civil Law and Civil Process; Family Law; International Private Law. Scientific and Research Institute of Intellectual Property of the National Academy of Legal Sciences of Ukraine. Kyiv, 2021. The dissertation is a complex scientific research of the legal nature of a civil law contract as a basis for the acquisition of economic intellectual property rights. The paper formulates a number of theoretical and practical provisions, conclusions, proposals that are important for the development of the doctrine of civil law and intellectual property law, as well as for law enforcement practice. The author of the dissertation develops new approaches to solving theoretical and practical problems related to the need to balance the interests of participants in civil turnover during the acquisition of economic intellectual property rights on the basis of the contract. The urgency of the problem lies in the fact that during the conclusion of agreements in the field of intellectual property you need not only to understand the specifics of the object of such an agreement, but also to know the limits of rights that apply to a particular IPO or specific to a particular(area national security and defense), due to the need to ensure a fair balance of interests of participants in civil relations. The dissertation provides the overview of the legal and economic nature of intellectual property rights, their types, the grounds for acquisition and emergence of intellectual property rights, the system of agreements on the basis of which intellectual property rights are acquired, and provides a general description of such agreements. It is proposed to consider the term "property" as a general concept that applies to two types of objects: tangible objects (property law) and intangible objects (intellectual property law). The specificity of each of these types of objects are revealed, which is manifested in the peculiarities of establishing the legal regime of such objects, including the definition of the content and scope of rights related to them. The peculiarities of intellectual property rights in relation to different types of IPR have been studied, it has been established that the subjects of rights to scientific discoveries and innovation proposals do not posses exclusive rights to these objects. It is proved that the concept of "emergence of intellectual property rights" and "acquisition of intellectual property rights" are paired concepts: "emergence of intellectual property rights" is applied to the primary subjects of intellectual property rights; "Acquisition of intellectual property rights" is applied to secondary subjects of intellectual property rights and is related to legal facts, including the conclusion of agreements on the basis of which the property rights of intellectual property are alienated, or other transactions aimed at obtaining by secondary subjects of law economic intellectual property rights. The classification of agreements was proposed regarding the acquisition or possible acquisition of intellectual property rights. The intellectual property legal terminology used in the legislative acts of Ukraine regarding restrictions of intellectual property rights has been unified and the types of restrictions of intellectual property rights have been systematized.