Rights of Business Companies and their Participants to the Results of Intellectual Activity

Abstract

Relevance. One of the most effective options for the realization of exclusive rights to the results of intellectual activity when there are several interested parties is the assignment by them of exclusive rights to such results to a business entity owned by them. The resulting indirect ownership of rights allows for joint disposal of them under the indirect control of the participants of business entities, distribution of income between them according to preestablished agreements, attraction of investments in exchange for a share of participation or shares in the business entity - the right holder.At the same time, the indirect ownership of rights to the results of intellectual activity, carried out through the business company owned by interested parties, leads to the need to strengthen their control over the disposal of intangible assets owned by the business company, because in the absence of proper control there is a risk of loss or limitation of the possibility of using the most valuable intangible assets.The purpose of the research is to develop theoretical provisions defining the peculiarities of the implementation of indirect ownership of rights to the results of intellectual activity owned by business entities, while preserving the possibility of control by the participants of such entities.Objectives: to identify the problems associated with the indirect ownership of rights to the results of intellectual activity assigned to business entities; to analyze the existing risks of loss or limitation of the possibility of using the results of intellectual activity owned by business entities in the absence of effective control over their disposal by the participants of such entities.Methodology. The dialectical-materialistic method, methods of analysis and synthesis and formal-legal method were used in writing the work.The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of relations related to the use of the results of intellectual activity. Conclusions. The conclusions made in the article are of a discussion nature, aimed at the continuation of research in the framework of the declared subject. The article is a continuation of the author's scientific research on the issues considered in it.