The dissertation examines the features of the realization and exercise of the right to creativity, analyzes the boundaries (limits) of the realization and exercise of the right to creativity, reveals the components of the content of the subjective right to creativity and its concept, identifies the historical stages in the development of the process of establishing legal regulation of the possibility of a person exercising the subjective right to creativity. This work identifies the existing forms and methods of realizing the right to creativity and proposes their modernization, discloses the existing methods and means of protecting the subjective right to creativity, and elaborates ways of modernizing and updating the legislation of intellectual property rights. With the help of various research methods, conceptual foundations for understanding the content, legal nature and characteristics of the acquisition, implementation and protection of the subjective right to creativity have been developed.
Modern trends in the development of civilization and technology provoke the need and importance of amending the legislation in the field of intellectual property. Given the numerous gaps that exist in national legislation, give rise to the need for additional research in all unregulated areas of civil law, and, in particular, intellectual property rights. Such an important, but little-studied by jurists, the sphere of legal relations arising in the creative activity of a person requires special attention.
The dissertation provides the author 's definition of the concept of "subjective right to creativity", outlines the range of possibilities that characterize the subjective right to creativity, determines the existence of only an active form of realization of the subjective right to creativity, proposes a definition of “realizing the human right to creativity”.
Also proposed and disclosed are the main ways of protecting the subjective right to creativity, such as: terminating, renewing, compensatory. Analyzed and considered the main stages in the history of the development of the process of formation of legal regulation of the possibility of realizing a person's subjective right to creativity. The proposal has been improved on the need to create and enact a separate codified Code of Intellectual Property Law, which would contain separate sections that regulate creative (copyright) legal relations and individualization legal relations, which may make it possible to implement the logic of differentiating these rights according to their legal nature and main characteristics.
Also, the work provides the author's definition of the concept of "intellectual property" and improved views on the need for national subjects of creative, intellectual activity to use common international (European) provisions, regulations and requirements for the application of a universal method of control over the implementation of the subjective right to creativity, as well as accession Ukraine towards the creation of a unitary patent system for the creation of a single window for patent protection and enforcement in the EU.
The dissertation proposes the possibility of improving theoretical justifications regarding the need to create modern legal regulators in the field of robotics, relying on international experience in this area and taking into account the need for digital transformation of the state as a whole.
The role of intellectual property is growing, the sphere of influence on each other and the interaction between law and creativity is expanding and increasing. This gives rise to an expansion of methods and methods of protecting both individual rights of an individual and intellectual property in general.
In order to develop additional opportunities for the protection of such rights, the work provides proposals for amendments to the legislation. In particular, a proposal has been developed to amend paragraph four of the second part of Article 20 of the Economic Procedure Code of Ukraine, which will expand the circle of persons who have the right to refer disputes to the Supreme Court of Intellectual Property.
It is also proposed to expand the norms of Article 432 of the Civil Code of Ukraine regarding forms of protection of intellectual property rights, in particular, and the subjective right to creativity, indicating the use of jurisdictional (judicial and extrajudicial) and non-jurisdictional forms of protection.
The results of the research can be used for presentation in the course of civil law, commercial procedural law, civil procedural law.
