Kryzhna V. Llicence agreement - legal form of realization of the patent right

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0499U002307

Applicant for

Specialization

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

23-06-1999

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The objekt of the research is the licence agreement on the inventions, useful models and industrial patterns as the independent civil-law agreement, its legal nature, contents ets. The purpose of the scientific research is complex and comprehensive theorenical analisis of the licence agreement and introduction of the concrete offers on improvement of its legal regulation. On the realisations of the research the following scientific methods were used: historical, system-structural, comparative, sociological, statistical and logical-legal. The teoretical significance of operanion is that its outcomes allow to distinguish the approaches to a solution of a number of legal regulation in the field of creative activities. The practical significance of the thesis is that its theoretical conclusions and the specific propositions can be used for the development of the new Civil Code of Ukraine and improvement of the current legislation of Ukraine, for the preparation of the textbooks, manuals and methodical rec ommendations, and also for teaching of the course «Civil Law of Ukraine». The scientific novelty of the research is that the legal characteristics are given in the thesis on the basis of a new approach to the license agreement in a patent law, and the independence is justified in the system of agreements of the civil law. For the first time the risks, which can be run by the parties in the process of execution of the license agreement, have been completely analyzed, and the consequences of acknowledgment of the patent void. The main theoretical clauses and conclusions of the thesis were stated on scientific conferences, and have found reflection in the scientific publications and were used in educational process. The recommendations for improvement of the current legislation are directed for consideration to Verkhovna Rada of Ukraine.

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