This thesis deals with the research of legal regulation of acquisition, exercising and protection of intellectual property rights.
Chapter 1 «General theoretical characteristic of intellectual property rights as a kind of subjective civil rights» consists of three subchapters, where it was analyzed juridical nature of intellectual property rights, their essential features and content. Based on comprehension of intellectual property rights as a separate category of subjective civil rights, as well as their essential features, there was formulated a doctrinal definition of such rights.
Chapter 2 «Acquisition of intellectual property rights» includes four subchapters, where the author has analyzed the concept and the kinds of grounds for acquisition of intellectual property rights, and also has observed the features of such grounds for copyright law and related rights law objects, patent law objects, and for means of individualization participant of civil circulation, goods and services.
Chapter 3 «Exercising of intellectual property rights» consists of three subchapters, in which it was analyzed the essence of exercising of intellectual property rights, its subjects, the concept and the kinds of ways of these rights exercising, as well as limits of their exercising. The author has proved the advisability of dividing ways of using intellectual property objects, depending on the direction of the corresponding action, on the direct (the actions directly concerning the intellectual property right objects) and indirect (the actions related with the civil circulation of material objects, in which the corresponding intellectual property object is expressed).
Chapter 4 «Contractual forms of intellectual property rights disposing» contains four subchapters, in which was performed general theoretical characteristic of the contracts on disposing of intellectual property rights and defined their place in the system of contract law, as well as analyzed separate kinds of the contract constructions, which provide giving rights to use of intellectual property object, transfer of intellectual property rights and contractual relations on creation of intellectual property objects. It was formulated the author’s definition of a license contract and proved, that such contact is consensual and repayable. It was proved expedient to fixation in CC of Ukraine the rules about a moment of acquisition of intellectual property rights by a contract. Having the purpose to improve the legislative terminology, the author has proposed to change the name of the contract provided in art. 1112 CC of Ukraine to the most laconic term – «contract of creative request».
Chapter 5 «Protection of intellectual property rights» consists of four subchapters, in which it was observed general theoretical aspects of protection of intellectual property rights, and analyzed the particular civil law remedies, oriented to termination of the infringement such rights, restoration of pre-violation position, and indemnification for property and (or) non-property losses. Taking into account a goal orientation of the remedies for protection the author has divided them into three groups: stopping, recovering and compensating. It was substantiated an expedient of fixing in art. 432 CC of Ukraine a special remedy such as «prohibition of illegal using of the intellectual property object» (injunction) as well as the possibility of recovering compensation for violation of intellectual property rights as lump sum, instead of actual damages.
Based on the results of the study, the theoretical conclusions became the basis for concrete proposals to improving the legal regulation in the field of study, which are summarized in the Draft Law on Amendments to the Law.
