Koval I. Commercial legal regulation of relations of industrial property

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0514U000165

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

14-02-2014

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations which are folded in connection with creation and drawing on the results of intellectual activity in an economic sphere. Research purpose: forming of the system of scientific-theoretical positions on development of conception of economic and legal aspects of adjusting of relations of industrial propert and ground on this basis of directions of subsequent perfection of the proper legislation. Research methods: dialectical, historical and legal, system-structural, formal-logical, comparative and legal, legal design. Theoretical and practical value: the system of new scientific theoretical positions is formed in relation to the economic and legal adjusting of relations of industrial propert, suggestions, directed on subsequent perfection of the proper legislation, are grounded. Scientific positions and suggestions, which deepen the theory of economic right, are the background of subsequent development of studies about economic legal relationships, realizations and defence of rights for the subjects of menage. Drawn on results the Scientific research institute of intellectual property of the National academy of legal sciences of Ukraine; by a corporation "PromEkonomServis" and International public organization the "International association of economic right"; suggestion on perfection of norms of the Economic code of Ukraine directionally for consideration in Verkhovna Rada of Ukraine; utillized in an educational process in the Donetsk national university. Scientific novelty: a concept and place of relations of industrial propert is certain among a withstand system of economic relations. It is grounded, that the right of industrial ownership is formed by the institute of economic right. A concept "commercialization" is certain for denotation of complex of measures which accompany realization of conduct of management of rights a subject on the objects of industrial propert and provide his maximal effect. The models of commercialization of industrial ownership rights are grounded on objects, created with bringing in of state facilities, and forms of participation of the state in state private partnership. The legal and actual grounds of economic and legal defense are finished off right, among which: offence, creation of threat of violation right, nonrecognition right, challenging right. Methodological principles of forming of the system of methods of defence are grounded in the field of industrial propert and suggestion on development of positions about application of measures of defence and measures of economic and legal responsibility in the field of industrial propert. Sphere of the use: subjects of initiation of bill; public and local self-government authorities; subjects of conduct of management; higher educational establishments.

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