Subject of the agreement on the transfer of rights to use intellectual property objects in business

Abstract

The article examines the issue of defining the subject of a business contract in general and the problem of the subject of a contract on the transfer of rights to use intellectual property objects in entrepreneurship in particular.
 It is proven that the science of economic law defines a complex subject of a business contract, this subject includes two levels. The first level is the main action aimed at achieving the purpose of the contract. The second level is the object in relation to which this action is performed.
 It was found that in the norms of the Economic Code of Ukraine and the Civil Code of Ukraine, the subject of a commercial concession contract is not defined in the same way; The Commercial Code of Ukraine does not contain a specific norm regarding the subject of this contract and defines its object more broadly than the Civil Code of Ukraine. The law defines the right to use objects of intellectual property rights, commercial experience and business reputation as the subject of a commercial concession contract.
 It has been proven that the subject of the commercial concession contract is complex. At the primary level, an element of the subject matter of a commercial concession agreement is the right holder's actions, which are aimed at granting the user the right to use intellectual property rights belonging to the right holder in his business activity. At the second level, the subject of the commercial concession agreement includes the right to use the object of intellectual property rights, which the right holder grants to the user and this specific object of intellectual property.
 An object of intellectual property becomes the subject of a commercial concession contract due to its turnover capacity. Its marketability is manifested in the consumer value and exchange value of the object of intellectual property (private component), as well as in the presence of a legally defined legal regime of objects of intellectual property, which establishes the rules for the alienation of such objects, their circulation in commodity circulation, which ensures balance of private and public interests (public component).