Systematization of Ukrainian Legislation in the Sphere of Intellectual Property

Abstract

The article contains proposals for the systematization of Ukrainian legislation in the field of intellectual property law, in particular the provisions of agreements and other transactions regarding the results of intellectual and creative activity. The author argues for the separation of intellectual property law into a separate complex branch of law, due to the specificity of its legal nature. It is proposed to regulate legal relations in this area in the general basic law on intellectual property law and two special laws: on copyright and related rights and on industrial property law. This will contribute to a holistic perceptionof intellectual property law and an understanding of its specifics, which will allow for proper protection of the results of intellectual, creative activity and strengthen the protection of the rights and legitimate interests of the subjects. In the general law of intellectual property, it is proposed to state the main provisions, in particular, on objects of protection, legal subjects and the content of their rights, general provisions of the agreements in the field of intellectual property law, their types and characteristics, as well as provisions on the protection of intellectual property rights. It is also important to establish the provision that not all agreements in the field of intellectual property are aimed at the disposal of intellectual property rights, and to give examples of such agreements. It is also proposed to include in the new law on intellectual property, in addition to the agreements currently provided in Chapters 75–76 of the Civil Code of Ukraine, provisions on technology transferagreements. With regard to special legislation, in addition to the existing Law of Ukraine «On Copyright and Related Rights», it is proposed to create a separate law on industrial property law, in which to specify which objects are objects of industrial property law, to allocate separate sections for each object of industrial property law, the specifics of agreementsin the field of industrial property, as well as the section on the protection of rights and legitimate interests.