FEATURES OF FORECLOSURE ON INDUSTRIAL PROPERTY RIGHTS AS COLLATERAL

Abstract

The article is devoted to the features of foreclosure on industrial property rights as a pledged item. The purpose of the article is to substantiate proposals for improving the legislative regulation of the procedure for foreclosing property rights of industrial property as collateral. The article investigates the special legal literature and the current legislation in the field of pledging industrial property rights and foreclosure procedures.Based on the study, generalized methods of foreclosure are inherent to secured industrial property rights: judicial — sale of pledge through electronic bidding, out-of-court — by concluding an agreement on satisfying the requirements of the pledge holder. All out-ofcourtmethods of collection are analyzed, based on them a method is proposed that will correspond to the nature of industrial property rights, namely, conclusion of an agreement on satisfying the requirements of a pledge holder. Also, in the article, considercases where the out-of-court method of foreclosure on property rights of industrial property cannot be applied, and foreclosure should only take place in a judicial proceeding, these cases are proposed to be fixed in the Law on pledges.Given the specificity of industrial property rights, certain proposals are proposed to improve the collection of such rights in the enforcement proceedings. Thus, the assessment of intellectual property rights requires a different approach than the assessment of things, so it is proposed to supplement Part 3 of Art. 57 of the Law of Ukraine«On Enforcement Proceedings» is such an object of valuation as property rights of intellectual property.In order to regulate the procedure for the realization and enforcement of industrial property rights, the legal bases for the transfer of these rights and their state registration require systematic refinement, in particular by supplementing the relevant state registers in the field of industrial property by such types grounds for the transfer of rights, such as: a fixed-price bidding act, an electronic bidding act, an ordinance and act of transfer of property to a debt collector, an agreement on satisfying the requirements of a pledge holder.The conclusions suggest amendments to the current legislation regarding the issues discussed above.