THE NOTION OF INTELLECTUAL PROPERTY RIGHTS OBJECTS, CREATED ON THE BASIS OF RESEARCH AGREEMENTS IN THE HIGHER EDUCATIONAL INSTITUTIONS OF UKRAINE

Abstract

The article deals with the issue of determining the notion of intellectualproperty rights objects created on the basis of research agreements in higher educational institutions of Ukraine. To achieve the goal of research, the author provides answers, in particular, to the following questions: 1) what the subject-matter of basic and applied research, research and technological development (RTD) is; 2) what the results of these researches are and whatpossible forms of objectification of these results can be; and 3) what type of intellectual property rights objects can be created as a result of these researches.To solve those questions, the author has analyzed, in particular, such notions as: subject of the research agreement (Chapter 62 of the Civil Code of Ukraine); fundamental and applied scientific research; scientific (scientific-technical) work; scientific result; scientific and technical (applied) result; technology and object of technology.Based on this analysis, there have been determined the aims and subject-matters of the above-mentioned researches, their results and implementation of those results. Whereupon, the list of intellectual property rights objects, created on the basis research agreements, has been determined. Based on the obtained results, the author draws a conclusion about the types of intellectual property rights objects, created on the basis of research agreements in higher educational institutions of Ukraine. In particular, this category of objects should include intellectual property rights objects, created as a result of carrying out basic and applied researches, research and technological development (RTD) on the basis of research agreements, one of the parties to which is a higher educational institution of Ukraine. In addition, the list of this category of intellectual property rights objects should include: copyright, scientific discoveries, inventions, utility models, industrial designs, layout designs (topographies) of integrated circuits, plant varieties and animalbreeds, phonograms, videograms, performances and trade secret. However, trademarks, trade names, geographical indications, innovative proposals and broadcasts cannot result directly from basic and applied researches, research and technological development, so they are not included in the list of intellectual property rights objects, created on the basis of research agreements in higher educational institutionsof Ukraine.Also, suggestions to improve the legislation of Ukraine have been made.