ACTUAL ISSUES OF LEGAL RELATIONS DEVELOPMENT OF INTELLECTUAL PROPERTY LICENSING

Abstract

The article considers the main trends in the development of legal relations in the field of granting the right to use (licensing) intellectual property. It has been established that the content of classic license agreements, which is exclusively patent, ie based only on the transfer of rights to inventions protected by patents, is currently losing relevance. Licensing agreements mostly regulate the relationship between several intellectual property objects with different legal regimes (complex agreement) and include elements of different legal relations (mixed agreement). A modern license agreement is an agreement that consists not only in granting permission to use intellectual property, but in general the set of obligations of the licensor to provide the licensee with technical secrets, special knowledge, specific experience and a range of assistance services (consulting, debugging, training) on their use (technical assistance) and application (supply of equipment, materials, components, raw materials, etc.). The content of the negative agreement, based on the owner's non-denial of the rights to use the patented invention, becomes a positive obligation, which is to create a practical opportunity for the licensee to use intellectual property to achieve a certain technical result. The general trends in the development of licensing relations are the desire to facilitate the turnover of objects by simplifying the procedure for concluding agreements, easing the requirements for the form of agreements, the transition from licensing to compensatory, and strengthening the role of electronic agreements and accession agreements. It is established that the legislative regulation requires the definition of the technology transfer agreement, set out in the current legislation and the procedure for concluding license agreements with the use of electronic digital signature. Ukraine's ratification of the "Singapore Trademark Agreement" requires amendments to bylaws to simplify the procedure for registering license agreements.