Objects Of Intellectual Property Rights Research Articles

International and national regulatory system of the intangible assets market

As part of the study, it was determined that increasing the competitiveness of business structures due to the intellectualization of their trade and economic activities led to a significant increase in the volume of the world market of intangible assets. The growth of the world market of intangible assets is accompanied by an increase in the vulnerability of its objects from the point of view of possible violations of their rights. We have identified the following reasons as the basis for violations regarding intangible assets: the legal field regulating trade relations in the field of transactions with intangible assets is created by the national legislation of different countries, which may differ significantly; growing trade in counterfeit goods and piracy. It is shown that the main purpose of creating the Agreement on Trade Aspects of Intellectual Property Rights within the framework of the World Trade Organization was the elimination of disagreements regarding the trade aspects of intellectual property rights in the legislative systems of individual countries; the importance of this Agreement in the context of the further development of the world market of intellectual property objects consists in the creation of principles and standards regarding the existence, scope and use of intellectual property rights, as well as in the development of effective means of compliance with these rights. It was found that the further development of the market of intellectual property objects requires an increase in the effectiveness of legal support and the need to create new approaches to solving, first of all, legal and organizational problems of the regulation of intellectual property rights at the regional and national levels in connection with the expansion of opportunities for the use of objects of intellectual property rights in new high-tech areas, including in the conditions of global networks, as well as in connection with the emergence of new objects of intellectual property. It was concluded that the effectiveness of the system of protection of intangible assets is directly related to the existing legal framework, and the directions for further improvement of the legislative support for the protection of intangible assets in the field of international business should be considered as follows: definition of mechanisms for the protection of intangible assets in the field of information technology, first of all, improvement of normative and legal framework in the field of protection of intellectual property rights on the Internet; development of provisions on the protection of commercial secret rights and sanctions for appropriating the authorship of someone else’s intellectual property; development of a more sophisticated counteraction to the movement through the customs territory of the country of goods that violate intellectual property rights; creation of normative and legal regulation of issues related to the need to carry out valuation of the value of intangible assets.

Peculiarities of the contract on the creation to order of objects of related rights under the legislation of Ukraine

The work is devoted to the study of the peculiarities of the contract for the creation to order of objects of related rights under the legislation of Ukraine. The work analyzes these features through such issues as the subject composition of adjacent rights, the moment of emergence of adjacent rights, the moment of transition of adjacent rights from the primary subjects of adjacent rights to the customer, features related to the legal nature of objects of adjacent rights , in particular such an object as the performance and program of the broadcasting organization, the question is raised about the need to balance the interests of the primary subjects of related rights with the powers of the customer to accompany the work with prefaces, afterwords, etc., the connection of these powers with the personal non-property rights of the creator (primary sub object of related rights), as well as with the concept of originality, since according to the requirements of the current legislation, only original works are subject to protection (it is undeniable that the objects of related rights must also be original). Also, in addition to this, the provision on surveillance rights is analyzed. And although this provision does not apply to the objects of related rights, but taking into account the close relationship between the objects of copyright and the objects of related rights, this issue is also considered by us. Thus, the author proposes to make changes to the relevant current version of the article of the profile Law of Ukraine «On Copyright and Related Rights», in connection with the fact that the provisions of the current norm on the right of resale take place only in the case of sale, resale. But what if the object is alienated, but the form of such alienation is not a contract of sale, but a contract on creation to order? In the work, the author analyzes and compares the norms of the above-mentioned profile Law with the norms of the Civil Code of Ukraine on the issue raised in the article on the subject of their consistency. As a result of the analysis of these norms and the legal nature of the contract on the creation to order and the contract for the use of the object of intellectual property rights, a distinction is made between these types of contracts with the proposal of a new version of the corresponding article in the relevant Law and its consistency with the corresponding article in the Civil Code of Ukraine. Also, attention is drawn to the lack of mention in the relevant Law of such an object of related rights as a broadcasting organization program, in particular in Part 7 of Article 36 of the Law, in connection with which the author also proposes his own version of the relevant norm. Special attention in this work is devoted to the issue of ownership of property rights to the created objects of adjacent rights to the primary subjects of adjacent rights and consideration of the transfer of such property rights from the primary subjects to the customer as a result of the contract on creation to order.

Unfair competition in public procurement related to intellectual property rights

The article examines the advantages and risks of using the negotiation procedure forpublic procurement of goods, works, and services that include objects of intellectual propertyrights. An analysis of Ukrainian and EU legislation regarding public procurementthat includes objects of intellectual property law was carried out. The practice of conductingpublic procurement in Ukraine under the negotiated procedure in cases where there isa need to protect intellectual property rights is considered. It was concluded that there aredifficulties in understanding and, accordingly, in the practice of applying the provisions ofthe legislation regarding the application of the negotiation procedure for public procurementof goods, works, and services that include objects of intellectual property rights. Imperfectlegislation on public procurement with regard to objects of intellectual propertyrights leads to unfair competition in the form of rights abuse. It is proposed to specify inthe legislation of Ukraine the cases in which the negotiation procedure can be applied tothe public procurement regarding objects of intellectual property rights and to identifyspecific objects of intellectual property rights in relation to which such a procedure can potentiallybe applied. Proposed proposals for supplementing the Law of Ukraine «On PublicProcurement» with the provision of Directive 2014/24/EU that the negotiation procedurefor public procurement related to objects of intellectual property rights is used in exceptionalcases when there is no reasonable alternative or replacement, and the lack of competitionis not the result of artificially narrowing procurement parameters. It was alsoproposed to clarify the provisions of Paragraph 5, Clause 2, Part 2 of Article 40 of the Lawof Ukraine «On Public Procurement» regarding the application of the negotiation procedurefor public procurement that include to objects of intellectual property rights as follows:«if the subject of public procurement is goods, works, or services containing objects ofintellectual property rights» in order to better understand it.

Digital intellectual property market: theoretical view and possible manifestations of unfair competition

The article describes the peculiarities and contradictions of the intellectual propertymarket, the types of market and the legal capacity of subjects of market relations. The formationin the human-digital system of the digital market of Ukraine and its component -the digital market of objects of intellectual property rights (OIPR), which have distinctivefeatures in providing with the use of digital platforms, is considered. It was determinedthat in the digital market of OIPR there are commodity-monetary relations with intangibleobjects regarding the transfer of exclusive rights depending on the type of contract betweenthe counterparties of the digital market. Digital intellectual property products commercializedin the digital market are digital things that exist in digital format on a physicalmedium and acquire a commodity-digital value expressed as a set of data in electronicform. It is noted that the digital market of Ukraine is currently integrated into the SingleDigital Market of the European Union. The peculiarities of digitalization of the intellectualproperty market are considered, which include: high concentration of leading firms andtheir monopolization, which will be charged with the most additional obligations; copyrightinfringement on the Internet, since every website has informational content, whichbecame the basis for an increase in the number of offenses related to the use of copyrightobjects; the protection of the digital identity, which is a component of the individualitythat exists in the online environment and becomes critical in connection with the risks ofcybercrime, which determines the legislation on the protection of personal data in the EU;the virtual asset market, which most often includes cryptocurrencies that do not have acentral governing body and are not backed by any national currency; the field of artificialintelligence as a new object of legal regulation. These features of the digitalization of theintellectual property market testify to the relevance and perspective of the study of theproblems of digitalization of the intellectual economy, which are not exhaustive.

INTELLECTUAL PROPERTY LAW IN THE PRACTICE OF SUBSURFACE USE

This article is devoted to the study of the relationship of intellectual property rights with the right of subsurface use. In the article, the author made an attempt to reveal the legal nature of geological information, offered his author's vision on the issue of attributing geological information to the number of objects of intellectual property rights. The complexity of obtaining the results of the study lies in the fact that geological information is contained not only in natural media (drill cores, samples of minerals, carbon dioxide, mercaptans, water, samples of rocks and minerals, samples and collections of stone material, slates, anshlifs, mineral solutions and powders). In addition, in the legislation of the Republic of Kazakhstan (hereinafter - RK), the regime of ownership rights is extended to geological information, which is a consequence of insufficient study of geological information as an object of rights. The article shows the relationship of relations in the field of subsoil use with copyright, since many processes are based on the use of computer programs, information systems and other software. In addition, the activities of subsurface users are inextricably linked with inventions – objects of patent law, starting with geological exploration, survey work and ending with mining. The connection between the means of individualization and subsurface users is also obvious, since each subsurface user acts in civil circulation under its own brand name, produces products under a trademark or service mark. In addition, subsoil users often violate the exclusive rights of copyright holders, which leads not only to litigation, but also to losses in the case of the use of counterfeit goods.

General characteristics of technologies, innovations in intellectual property law

In this work, we consider technologies, innovations and intellectual property rights. In the context of modern development of all spheres of human life, the concepts of «technology», «innovation» and «innovative technologies» are an integral aspect of the present. They play an important and key role in the competitiveness of not only individual enterprises and organizations, but also in law and economics in general, since innovative technologies are the basis for the positive development of society and the legal relations that arise in this regard, including legal relations in the field of intellectual property rights. Intellectual property is the result of intellectual and creative activity, which is formalized and grants the author or a person who is granted the right of ownership of the result by law, which is acquired, exercised and protected in accordance with the established procedure, rules and legally defined norms. It is the objects of intellectual property rights that are in clear interaction with technology and innovation. Detailed attention is paid to the essence and content of innovations and technologies in the field of intellectual activity, in particular in the production and change of characteristics of the relevant objects of intellectual property rights. The author focuses on the conceptual apparatus of such concepts as «innovation», «technology», «intellectual property», «intellectual property rights», and technology transfer. The modern national and foreign literature is analyzed with a view to defining the basic concepts of the study and their legislative consolidation. The author analyzes the features of technology transfer, in particular, it is established that innovative technologies are endowed with novelty, revolutionary nature, irreplaceability, uniqueness, and inevitability. The author establishes the interconnectedness of the content of «innovations» and «technologies» in relation to intellectual property rights, namely, directly to intellectual property objects, which are manifested by applying know-how or an invention to a specific result of intellectual activity in the production process.

ANALYSIS OF THE STATE OF INNOVATIVE SOLUTIONS IN THE FIELD OF PROSTHETICS

Purpose. The purpose of the article is to determine the state of innovative solutions for prosthetics technologies, in particular using 3D printing, in Ukraine and the world, based on the patent information search. Methodology of research. The abstract and logical method was used to achieve this goal in aim to develop the needs and status of innovative solutions in the field of prosthetics; comparative and economic method - to analyse the domestic and world experience of introducing innovative products in the field of prosthetics; statistical analysis and generalization - to conduct a patent information search and formulate the relevant conclusions of the study. Findings. The article analyses the prosthetics and rehabilitation industry in Ukraine and the world, defines the landscape and analyses the needs to meet the market of a new industry sector for Ukraine. Based on the patent information research conducted according to the formed search query, the results show that the dynamics of patenting prosthetic technologies in the world is positive and has peaked in recent years. The companies that occupy a leading role in the prosthetics market are identified and their quantitative patent portfolios are visualized. The number of patents related to the use of new 3D printing technologies was determined by a refined search query. A separate search and analysis of patent solutions in Ukraine was carried out, which shows the absence of valid patents for industrial property rights in the field of prosthetics, which is a negative factor for prosthetic companies, people who need prosthetics and the innovation ecosystem of Ukraine in general. Originality. The practical and methodological foundations for the development of the prosthetic industry in Ukraine, the actualization of the creation of competitive prosthetic solutions, which should be acquired as objects of intellectual property rights, are substantiated, and recommendations for the development of new technologies in Ukraine through the system of RnD centres are provided. Practical value. The results of the conducted patent information research can be used in planning strategies for the creation of intellectual property rights, in finding partners from other countries for the exchange of experience and potential cooperation, and in determining the state of the art of innovative technologies in general. As a way to improve the quality of products of prosthetic enterprises and the possibility of wide scaling of technologies, it is proposed to create RnD centres where it will be possible to create a prototype and test it before production. Faster delivery of a new result will help many people to receive high-quality prostheses, which is directly related to the quality of their lives. Key words: innovation, patent, enterprise, prosthesis, additive technologies, RnD centre.

Directions for improving the concept of technology for the purpose of financial support for their transfer within the European Union

The object of this study is the essence and directions of improvement of the normative construction of the concept of technology, which is used within the framework of legal regulation of financial support of the innovation process and technology transfer within the framework of the law of the European Union. In the course of summarizing and studying the existing regulations, it was established that they are not unified and differ significantly. This does not meet the needs of participants in the innovation process and subjects of technology transfer. It has been proven that the most negative impact of the disparity of legal regulation occurs during the implementation of means of financial support for innovative processes. The expediency of improving the existing concept of technology definition by fixing its single generalized definition has been substantiated. Authentic definition of technology is proposed as information of an organizational and technical nature about the sequence of production operations, which can be expressed in the form of the results of scientific research, research and design works, a system of objects of intellectual property rights, information of an organizational and technical nature, technological documentation, equipment, tools, machines, and mechanisms. It was substantiated that this definition makes it possible to eliminate most of the identified problems and is formed on the basis of the existing needs of the participants of technology transfer. The study is aimed at the formation of general theoretical foundations for improving the essence of technology for the purposes of legal support for financial support of innovation processes and technology transfer in the European Union. The research results could be used in the formation of international normative acts, acts of national legislation, and serve as a basis for further scientific research on these issues

ПРОБЛЕМЫ ОПРЕДЕЛЕНИЯ ПРАВОВОЙ ПРИРОДЫ СОАВТОРСТВА В КИНЕМАТОГРАФИЧЕСКОМ ПРОИЗВЕДЕНИИ / THE ISSUES OF DETERMINING THE LEGAL NATURE OF JOINT AUTHORSHIP IN THE CINEMATOGRAPHIC WORK

In the modern developing world of high technologies, a cinematographic work, as a result of the collective artistic work of a significant number of people, has important economic, social, and legal significance, taking a privileged place in the general system of the objects of intellectual property rights. This article is devoted to the study of legal relations arising in connection with the creation and use of such a complex object of intellectual activity as a cinematographic work. The author analyzes the place and creative role of each of the co-authors of the studied object and examines the nature of the legal relationship that arises between the authors and other rights holders of the film. Based on the analysis, the author has formed and justified a legal position regarding the juridical nature of co-authorship in relation to an audiovisual (cinematographic) work. The author pays special attention to the issues of law enforcement practice arising in connection with the potential expansion of the circle of legally recognized authors to an audiovisual work. Due to the versatility of the constantly changing field of cinematography, the author points out the need to modernize the current norms of copyright law, to develop the ability of the latter to respond promptly to current trends in the development of IP relations in the film industry.

CONCEPTUAL PRINCIPLES OF COMMERCIALIZATION OF BREEDING ACHIEVEMENTS IN SCIENTIFIC AND RESEARCH INSTITUTIONS

The article substantiates that one of the prerequisites of the new development vector of Ukraine is the commercialization of the results of the intellectual activity of scientists. It has been established that the commercialization of intellectual property objects represents the transformation of the results of intellectual activity into a marketable product for the purpose of obtaining profit. In order to identify the state of commercialization of breeding achievements, monitoring and questionnaires of research institutions in the agricultural sector were conducted. It was found that breeding centers use a mixed form of commercialization, that is, they use intellectual property both in their own production and grant non-exclusive licenses to third parties for the right of use. The article establishes that there are the following ways of commercializing objects of intellectual property rights: using them in one's own production, adding rights to the authorized capital, transferring rights to an object of intellectual property. It has been proven that each of the above methods of commercialization is effective and capable of bringing profits to the owner of the rights in case of their effective use. Taking into account the results of the conducted research, a model for choosing methods of commercialization of intellectual property rights of agricultural research institutions is proposed, which is able to form the basis for making effective management decisions regarding the choice of forms and methods of commercialization of innovative products in certain conditions of the operation of an agricultural research institution. It is noted that, in practice, the transfer of rights to use intangible assets involves the licensor receiving income in the form of royalties and a lump sum payment, with the receipt of which the patent owner covers his expenses for scientific research. It has been proven that with improper organization of control over the payment of royalties, there is a risk of non-payment of such remuneration by the licensees. A clear and transparent approach to the payment of royalties could significantly change the relationship between breeders and seed producers to ensure fair financial settlements, and would provide a new cardinal impetus for the development of domestic breeding.

Trademark as an object of intellectual property rights

The article analyzes the historical retrospective of the origin and development of trademarks. The second half of the nineteenth century saw the emergence of intellectual property as an independent legal category, and the need for legal protection of marks of individualization of goods and producers was recognized. It is established that Ukrainian legislation uses various terms, such as “mark for goods and services”, “trademark”, “trade mark” etc. This is a negative aspect, as it may cause certain misunderstandings and complications in the interpretation and application of the relevant legal provisions. Based on the provisions of current legislation and scientific works of various authors, the author formulates the definition of the concept of “trademark”, and outlines its features and key functions. It is established that Ukrainian legislation does not provide an exhaustive list of designations which may be registered as trademarks. Instead, the legislation establishes the general principle of “distinctiveness”. In practice, such abstraction is a negative phenomenon, since it does not provide persons wishing to register a trademark with clear criteria of compliance. The author analyzes the trademark registration procedure. According to this procedure, a person wishing to register a certain designation as a trademark applies to the National Intellectual Property Authority and files an application for registration. The author concludes that a trademark certificate is an official document confirming the applicant’s exclusive rights to use a trademark in respect of specific goods or services specified therein.

Legal principles of venture investment into startups as innovative product

Problem setting. The article is focused on determining legal principles of venture investment into startups as innovative product. The relevance of the topic is due to the fact that the main obstacle for the development of startups in Ukraine is the lack of permanent and systematic investments, the development of venture entrepreneurship, scientific research in the area of venture investment. analysis of recent researches and publications. Economists, in particular I. V. Lytvyn and Y. V. Bulak, drew attention to the state of venture capital entrepreneurship under martial law. The problem of venture capital investment was studied in detail by Y. M. Zhornokuy, who determined that the use of venture capital to invest in innovation in Ukraine is underdeveloped. According to B. Derevyanko, Ukrainian venture capital funds do not take into account the peculiarities of the nature of venture capital investment. The origins of the legal support of venture capital investment were identified by D. V. Zadychailo. The implementation of venture relations through investment agreements was the subject of research by O. E. Simson. Purpose of the research is to determine legal principles of venture investment into startups as innovative product. article’s main body. Venture entrepreneurship is activity with a special risk, since it is aimed at making investments into scientific and technical result intelligence. It has been emphasized that venture investment in terms of the martial law acquires a special scientific and practical importance for the post-war recovery of the Ukrainian economy and the development of society. It has been proved that startup’s criteria established by the legislator are close to the criteria for protecting the objects of intellectual property rights, in particular objects of industrial property (inventions, utility models). Therefore, one of the startup’s legal features is its correlation with the corresponding object of intellectual property law, which has received state registration. At the same time, the startup, despite receiving legal protection, is not embodied in a certain production, scientific and practical intelligence is still being conducted in its regard. It has been emphasized that the lack of a sustainable practice of using startups indicates the existence of risk regarding its investment. As a result, a startup can be defined as an object with elements of risk for its further implementation. It has been argued that startups can be considered as innovative product. It has been revealed that a startup’s implementation as an innovative product has certain specific features stipulated by the economic cycles (stages) of its creation and implementation. Each of the identified stages has legal significance, since it can be correlated with the competitive selection of startups to receive investments, in particular due to financial state support. At the same time, both scientific technical and entrepreneurial activities in the field of venture investment take place at each of the stages of a startup’s implementation as an innovative product. The importance of the activities of the Innovation Development Fund (Ukrainian Startup Fund) has been emphasized, which allows startups to receive state investment, since investing into this innovation is significantly risky. Therefore, the state creates appropriate stimulating mechanisms for the creation of the startup market. conclusions and prospects for the development. Summarizing the above, we offer conclusions that startup is a new legal category that needs further scientific studies. Based on the conducted research, we have distinguished the following characteristics of a startup as an object of rights: it is the result of scientific and technical creativity; has state registration as an object of intellectual property rights; has not been implemented into systematic production; has novelty for the relevant market of goods and services; refers to objects with increased risk; has the dual legal nature both of an innovation and a separate investment project. We have offered the division of startups depending on intellectual property institutions: a) startups in the field of copyright (computer software, databases); b) patent and legal startups (inventions, utility models, industrial designs); 3) startups in the field of non-traditional intellectual property objects (new varieties of plants, layout of an integrated microcircuit).

Institutionalization of mediation for the settlement of disputes in the field of intellectual property laws

The proposed article is devoted to the study of the institution of mediation as an independent procedure for the settlement of disputes in the field of intellectual property law. The author notes that the rather rapid stage of the development of the information society, IT technologies, the emergence of new objects of civil rights, including objects of intellectual property rights, pose a number of tasks to the legislator that require their urgent solution, in particular, the task of proper legal regulation of social relations, which, already today, take place in the state and society in general. In addition, taking the integration course of Ukraine into the EU also sets before our state the conditions for improving the legal regulation of intellectual property in accordance with international legal norms, in particular, the improvement of those legal provisions of national legislation related to the resolution of disputes in the field of intellectual property law, which are increasingly happening in reality. Therefore, the legislator adopts a number of legal acts regarding the improvement of legal regulation of relations arising in the field of intellectual property law, an example of which is the adoption of the Law of Ukraine «On Mediation». After all, mediation occupies a special place among the conciliation procedures for the settlement of disputes among alternatives to court proceedings for the resolution of disputes related to violations of intellectual property rights.Based on the results of the research, the author comes to the conclusion that mediation in the field of intellectual property can be used in the following cases: – when settling disputes arising in connection with the use of objects intellectual property without the consent of the right holder (author, creator, inventor or the person who owns intellectual property rights in accordance with the contract or law); – disputes arising in the event of violations of intellectual property rights; – disputes arising during licensing and transfer of intellectual property rights property; – disputes arising in connection with the conclusion and performance of contracts in in the field of intellectual property, in particular, contracts on the disposition of property rights of intellectual property; – disputes arising from the use of intellectual property objects, which are transferred to third parties.

Role of Intellectual Property Law in Increasing Science Education Capacity in Indonesia

Currently, the world of education is the backbone of the development of Intellectual Property Rights (IPR). Research results in learning and research activities in the form of science and technology are objects of IPR that must be registered and protected. This is because the findings are an innovation that has high moral and economic value. This study aims to identify the role of IPR law in increasing the capacity of science education in Indonesia. This type of research is legal research using a conceptual approach. Data collection techniques were carried out using library research. Data analysis techniques were carried out using the critical hermeneutic method. The results of the study state that IPR law has two functions, namely: a protective function and an economic function. The function of protection means that the registration of IPR legally protects the findings of inventors as intellectual property. Inventors also have the right to sue other parties who use their findings without rights. The economic function means that registered innovations in science education can provide economic benefits for inventors as well as a source of income (royalty). However, the level of HKI registration in the world of science education is still low. The existence of HKI learning materials in science education is something that is needed at this time.

Exclusive Right in the Theory of Absolute Subjective Civil Rights

Exclusive rights to various objects of intellectual property rights differ significantly from each other, which allows us to talk about their diversity. The research is aimed at studying the legal nature of exclusive rights. In particular, attention is paid to the attribute of the absoluteness of exclusive rights. The paper consistently argues for the need to rethink the sign of absoluteness of exclusive rights. The author comes to the conclusion that not all exclusive rights are absolute. This conclusion determines the need to formulate new classifications of subjective civil rights. Keywords: exclusive rights, subjective law, absolute law, dichotomy of law

Peculiarities of state regulation of intellectual property rights protection

The relevance of the study lies in the fact that in Ukraine under martial law the system of protection of intellectual property rights and mechanisms of its public administration is continuously transformed, which implies a scientific search to identify the problems that exist in this area and the development of effective practical solutions to overcome them. The purpose of the study was to identify the main features and obstacles arising in the implementation of public administration in the field of intellectual property and the implementation of protection of its objects under martial law in Ukraine. The research methods used were general and special legal methods of knowledge. Everything allows to conclude that there is an urgent need to develop new mechanisms of digital security of copyrights and to push forward the creation of blockchain accounting of copyright objects. Similarly, a revision of the approach to the evaluation of objects of intellectual property rights and the determination of the inventive level is needed, as a condition of possibility to adapt the legislation governing the matter to the needs of today's society.

ДОГОВІР ПРО СТВОРЕННЯ ЗА ЗАМОВЛЕННЯМ І ВИКОРИСТАННЯ ОБ’ЄКТА АВТОРСЬКОГО ПРАВА АБО ОБ’ЄКТА СУМІЖНИХ ПРАВ

Based on the analysis of the current legislation of Ukraine, the concepts, features, essential conditions of the contract on the creation to order and use of the object of copyright or the object of related rights are studied. The expediency of changing the name of the contract in the Civil Code of Ukraine is substantiated. Instead of «agreement on the creation to order and use of an object of intellectual property rights», the name «agreement on the creation to order and use of an object of copyright or an object of related rights» is more accurate, since the contract is the legal basis for the creation and acquisition of intellectual property rights ownership exclusively of objects of copyright/related rights. The creation of objects of patent law, means of individualization of business entities, goods, works, services, etc. on the basis of a contract is excluded due to the need to obtain title-establishing and right-confirming documents for them (patents, certificates). It is proposed to supplement the legislative definition of the contract: under the contract for the creation and use of an object of copyright or an object of related rights, one party (creator – writer, artist, etc.) undertakes to create such an object in accordance with the requirements of the other party (the customer) and within the specified period, and the customer undertakes to accept and pay for the created object. A comparative characterization of the contract under study with the contract of subcontracting was carried out. An essential condition of the contract is the condition about its subject – the object of copyright/related rights, which will be created in accordance with the customer's requirements. The customer's requirements must be clearly spelled out in the contract, otherwise at the stage of implementation when the object is handed over to the customer, it is impossible to establish whether it meets his requirements. If the requirements were not specified, the customer must accept the created object or refuse to accept it with the corresponding legal consequences. The terms of the term, payment, the procedure for its implementation, if such is established, the method of transfer of the object, other conditions are established by the parties by mutual agreement. The contract, according to the imperatives, must define the methods and conditions of the customer's use of the facility. However, the legal consequences of non-compliance with such a requirement have not been established. Therefore, if the parties in the contract did not agree on the methods and conditions of the use of the object by the customer, then such an agreement cannot be considered a contract on the creation and use of an object of copyright or an object of related rights by order, and according to the relationship of the parties, the relevant prescriptions of Art. 1112 of the Civil Code of Ukraine and the Law «On Copyright and Related Rights». In the case of creating a work of art according to the contract, it should be taken into account that the original work of fine art, created by order, becomes the property of the customer. At the same time, intellectual property rights to such a work remain with its author, unless otherwise established by contract or law. The contract is consensual, mutual, retaliatory/non-reciprocal, concluded in written (electronic) form under penalty of nullity.

Client base as an intangible asset

Keywords: intellectual capital, goodwill, customer base, intangible asset, identifiableassets, unidentified assets, database, trade secret
 In the article, the author raises questions about one of the important components of the company's intellectual capital, which determines the company's competitiveness — the «customer base». Such an asset,according to domestic legislation, is not recognized as an intangible asset. Internationalstatistics of merger agreements (unification) of companies determine that this asset accountsfor the largest share of the value of the entire agreement. In this regard, theanalysis of the concept of «customer base», the identification of features of accountingand evaluation of the «customer base» for reporting purposes. Moreover, the study of acceptableevaluation methods in practice are tasks that are extremely relevant both fordomestic companies participating in integration processes, and for evaluators performingwork on the evaluation of relevant intangible assets.The article analyses the definition of the term «intellectual capital» and its constituentpart — the «client base» of the enterprise. The author conducted a study of theeconomic and legal tools for defining the «customer base» as an intangible asset of the enterprise.Within the scope of the research, the legislative acts defining the requirementsfor the «customer base» as an object of intellectual property rights, namely commercialsecrets and databases, were analysed. The requirements that the «customer base» mustmeet as an intangible asset within the limits of Ukrainian and international legislation,as well as the peculiarities of accounting and evaluation of the «customer base» of the enterprise,are determined. The author has defined the problems in the issue of scientificsubstantiation at the legislative level of the term «customer base», as well as its definitionas an intangible asset of the enterprise and the object of assessment. The author emphasizesthat this direction of methodical work has an actual trend, with the aim of harmonizingthe provisions of national and international legislation.

Systematization of orders in the field of industrial property

Keywords: intellectual property, order, normative legal act, subordinate normativelegal act, systematization, industrial property
 The article substantiates the expediency of systematizing not only legislative acts,but also bylaws and regulations, in particular orders.Based on the analysis of orders in the field of industrial property, the author establishedthat:1) most of the orders were adopted in 2001-2002, most of the latest changes to theorders were adopted in 2011. The vast majority of orders do not comply with theprovisions of current laws of Ukraine in the field of industrial property and do notconsider the requirements of EU legislation and the Association Agreement
 2) the instruction on the procedure for issuing a Ukrainian patent for an inventionprotected by a USSR copyright certificate has lost its relevance, the deadline forsubmitting applications for a Ukrainian patent for an invention protected by aUSSR certificate has expired. Considering the indication, the author proposes torecognize this order as invalid;3) in 2005, a partial systematization took place, namely the consolidation of the ordersrelated to the inspection of any person with the materials of an applicationfor an object of intellectual property rights. The result of such consolidation wasthe adoption of one order of the Ministry of Education and Science of Ukraine,which combined 4 orders with a similar subject of legal regulation;4) currently, 26 orders are in force in the industrial sphere of ownership, 13 of whichrelate to the maintenance of state registers in this field. To unify the requirementsfor maintaining these registers and optimize law enforcement, the authorproposes to develop and adopt a single order on the Procedure for maintainingstate registers in the field of industrial property.

Guaranteeing biological safety as a basis for limiting the patent-protected rights of intellectual property subjects

The relevance of the subject under study is conditioned upon the rapid and active development of the biotechnological area. This segment of the economy and science requires not only comprehensive preliminary work, but also further legal protection of the interests of inventors and society. The development of biotechnologies regulates not only the present, but also the prospects for the future. But it is important to harmonize the use of biological processes to avoid a biological catastrophe. The purpose of this study was to investigate the possible legal instruments for limiting the patent-protected powers of subjects of intellectual property law to guarantee biological safety. The following methods were used to collect, process, and present information in this paper: general scientific (formal-logical, analysis and synthesis, comparison, induction and deduction, systematization) and special-legal methods (formal-legal, comparative-legal). This study considered the possibility of limiting the rights granted to the subjects of patenting to guarantee biological safety. International and Ukrainian legislation was analysed in the aspect of patenting biotechnological achievements, compulsory patenting and restrictions on the rights of patenting subjects. The legal nature of biotechnologies as objects of intellectual property rights was identified. Legal measures to restrict the patent-protected powers of subjects of intellectual property rights were highlighted. Attention was drawn to the legal consolidation of the resolution of controversial issues in the field of patenting of biotechnological inventions according to the criteria of ethics and morality. The need to improve the national legislation governing issues of biotechnological research considering the principle of sustainable development, according to which social and ecological aspects should be recognized as a priority, was substantiated. The importance of this study is reinforced by the increased demand for biotechnologies, which leads to certain legal actions related to their protection. The present paper will be useful for scientists in the field of law, medicine, and bioengineering.