Busines legal regulation of the contractual use of intellectual property objects

Abstract

The article examines the peculiarities of legal regulation of contractual relations on the use of intellectual property objects in the field of business. It has been proven that the importance of the civil law regulation of these relations in the norms of the Economic Code of Ukraine is slightly underestimated. The legal regulation of relations on the contractual use of intellectual property objects by economic norms and norms of civil legislation complex. The issue of concluding a contract is ensured by the norms of economic legislation, and the legal status of the creator (or other person who owns property rights to intellectual property) and the legal regime of the object of intellectual property is regulated by the norms of civil legislation.
 Differences in the provisions of economic legislation and the norms of special laws regarding the form of contracts on the transfer of rights to use an intellectual property object were revealed. In special legislation, the written form is defined as a condition for the validity of the contract; the consequences of violation of this condition are defined in the norms of the Civil Code of Ukraine - non-compliance with the written form leads to the invalidity of these contracts.
 A number of factors affecting the content of business contracts on granting the right to use intellectual property objects have been determined. These factors are enshrined in the norms of economic and civil legislation, in particular in special laws that determine the legal regime of individual objects of intellectual property. The value of exemplary and standard contracts for the legal regulation of the use of intellectual property objects on the basis of the contract has been revealed.
 Based on the analysis of the requirements of economic and civil legislation, a list of essential conditions of the economic agreement on the transfer of intellectual property objects for use has been determined. It has been proven that the essential conditions of such an agreement are the conditions on the subject, on the terms, on the methods of using the object of intellectual property, on the territory to which the right to use the object of intellectual property is extended, as well as any conditions in respect of which the requirements at least. one of the parties to the contract must reach an agreement.