Osypova Iu. V. Intellectual property rights objects, created in higher education
institutions of Ukraine: civil law aspects – 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 dissertation is an independent completed complex study, devoted to the intellectual
property rights objects, created in higher education institutions of Ukraine, and the
peculiarities of civil relations, arising in higher educational institutions of Ukraine at the stage
of creating such objects. The study analyses the educational, scientific, scientific-research,
artistic, innovative and other types of activities of higher education institutions of Ukraine
and found that it lays down the prerequisites for the emergence the whole list of intellectual
property rights objects, defined in Article 420 of the Civil Code of Ukraine.The peculiarities
of the process of creation above mentioned intellectual property rights objects in the higher
education institutions of Ukraine are investigated, the composition of the participants of this
process is determined, the general legal characteristic of their legal status as subjects of
intellectual property rights is given. The essential features of intellectual property rights
objects, created in higher education institutions of Ukraine, are determined.
A deep analysis of the peculiarities of the legal relations of intellectual property, which
are formed in higher educational institutions during the creation of work-related intellectual
property rights objects, has been carried out. In particular, a list of those intellectual property
rights objects in respect of which it is possible and meaningful to use the mode of workrelated objects, as well as those conditions, in the presence of which the above objects should
be considered as such, has been determined. The possible composition of subjects of
intellectual property rights for this category of intellectual property rights objects has been
established. At the same time, a detailed analysis of the list of ordinary labour duties of
pedagogical, scientific-pedagogical and scientific employees of higher educational
institutions was carried out in order to determine those cases when the results of intellectual
property created by them can be classified as work-related objects. The legal status of
intellectual property rights objects, which are created by persons who study at a higher
educational institution, and attracted specialists, have been investigated. The possibility of
the state, territorial community and the Autonomous Republic of Crimea to be subjects of
intellectual property rights to work-related objects as owners of property of state and
communal higher educational institutions of Ukraine was considered. The content of
intellectual property rights to this category of intellectual property rights objects has been
investigated.
