Overkovskyi K. Legal support for the introduction of industrial property rights in economic turnover

The dissertation is devoted to the research of legal support of introduction of industrial property rights into economic turnover. In the dissertation, the definition of "industrial property rights" is clarified, the definitions of "economic turnover in industrial property", "introduction of industrial property rights in economic turnover" are substantiated. The ways of introduction of industrial property rights into economic turnover and the definition of "legal form of introduction of industrial property rights into economic turnover" are specified. The legal issues related to accounting and valuation of industrial property rights in the process of their introduction into economic turnover are considered. The criteria according to which industrial property rights are recognized as intangible assets have been finalized. The classification of industrial property rights as part of intangible assets is specified. The legislative basis for the introduction of industrial property rights in economic turnover is considered. The directions of improvement of the legislation in the field of introduction of the industrial property rights in an economic turn are developed. The methods and legal forms of introduction of industrial property rights into economic turnover, protection of the rights of participants in these relations are analysed, it is proposed to improve their legal support. Based on the analysis of such a method as the transfer of the right to use industrial property, it is substantiated that the essential terms of the license agreement in relation to industrial property rights are divided into general, relating to any license agreement, and special, which apply depending on the type of object of industrial property. The responsibilities of the licensor and the licensee of the license agreement in the field of industrial property are specified. Additionally, the introduction of state registration of the license agreement and the commercial concession agreement is argued. It is specified that the term "estrangement" of industrial property rights should be used instead of the term "transfer", which is used in the current legislation, to indicate the method of introduction of industrial property rights into economic turnover associated with the change of ownership. It is substantiated that the subject of alienation in the field of industrial property rights may be property rights to industrial property only in full. It is argued that the pledge of industrial property rights is one of the ways to introduce industrial property rights into economic turnover, given that the conclusion of a pledge agreement is the basis for foreclosure on industrial property rights by alienation (change of ownership) in case of default. The list of criteria that industrial property rights must meet in order to transfer them as collateral has been clarified. It is specified that the legal forms for the transfer of property rights of industrial property as a contribution to the authorized capital depend on the time of their introduction: 1) in connection with the establishment of the company; 2) in case of increase of the authorized capital of the operating company.