Objects Of Intellectual Property Rights Research Articles

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.

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

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.

Information as an object of civil rights

The article analyzes the issues of the civil-legal nature of information, approaches to understanding it as an object of civil rights, an object of intellectual property rights, analyzes the compliance of the legislative definition and the content of the legal category «information».
 The processes of digital transformation that have covered Ukraine in the last decade have led to dramatic changes in the understanding of the legal essence of information. Information ceases to be a simple collection of data on actions and events, instead it becomes an important economic resource, acquires signs of goods, due to the development of technology, it is increasingly separated from its source. It is such processes that lead to scientific research in the field of current understanding of information.
 Not any information is endowed with the features of the object of civil relations, the object of intellectual property rights, and therefore it is considered important to distinguish those characteristics and characteristics that will be the basis for assigning information to an object whose right requires recognition and protection. To the signs already proposed by scientists in similar studies is added to this article a sign of «content,» which disassociates data that do not contain value from data that should receive legal protection. The article analyzes the current legislation in order to determine the necessary and sufficient signs for assigning certain information to the legal category «information.» Such characteristics will provide an opportunity to extend the relevant legal regime to this data. The article attempts to determine the grounds for assigning information to one of the following types for choosing a legal regime for regulating the treatment of relevant data: information as an object of intellectual property, information as an information product in a wide sense andinformation as a specific information product of a certain type.

РЕАЛІЗАЦІЯ ТРАНСФЕРУ ТЕХНОЛОГІЙ НА ОСНОВІ ОЦІНЮВАННЯ IPRL – INTELLECTUAL PROPERTY READINESS LEVEL

The article is devoted to the theoretical justification and development of the methodology for assessing the intellectual property readiness level (IPRL - Intellectual Property Readiness Level) for commercialization using a step-by-step change of nine levels for a specified object of intellectual property rights (IPR). It is emphasized that the mechanism of using this approach makes it possible to identify unpromising developments for commercialization, to stimulate and speed up procedures for promising ones, and to promote to the market, those that may have a high level of interest of business structures. The importance of building a knowledge economy using the results of research works in university science is outlined. Systematization of scientists' work on the evaluation and selection of commercially suitable ideas for further support of the object of intellectual property rights on the way from the registration of a patent to the start of production of products based on the inventors' ideas has been carried out. The practice of using the system for assessing the levels of technological readiness of the object of intellectual property rights is considered. The composition of each of the nine proposed IPRL levels is defined and the main characteristics of each of these levels are described. The criteria for the promotion of a specific object of innovation with such evaluations as active, normal, passive, "frozen" intellectual property are highlighted. A dependency for determining IPRL is proposed, which provides stakeholders with a quantitative estimate of the existing level of IPRL. Determination of the dynamics of the transition from level to level for the intellectual property portfolio of the organization according to the proposed IPRL assessment allows to assess activity and, if necessary, intensify commercialization. It is noted that the method can be used by institutions of higher education that carry out scientific research and scientific and technical developments. A methodological approach to the process of quantitative assessment of the level of readiness of intellectual property for commercialization using nine levels, and the change of this level over time determines the dynamics of the development of the object of intellectual property rights, is defined as a scientific novelty. The practical significance of the proposed approach is outlined as an opportunity to quantitatively evaluate the process of realizing the concept of commercialization of the results of scientific activity.

Інноваційні технології в логістиці промислових підприємств у період війни та повоєнної розбудови економіки України: корпоративні відносини та інтелектуальна власність

The article is aimed at studying the main changes in logistics during the wartime and, further on, generalizing innovative technologies in industrial logistics in the situation of wartime and concerning the post-war period of economic development of Ukraine, as well as developing proposals for improving the efficiency of their use from the standpoint of corporate relations and intellectual property. The authors’ own structural and logical scheme of the study on the topic «Innovative technologies in the logistics of industrial enterprises during the wartime and in the post-war development of the economy of Ukraine: corporate relations and intellectual property» in a general form is built, the material of the article is presented accordingly. The main changes in logistics that took place during the war of Russian Federation on Ukraine are highlighted. The importance of «innovative technology in the logistics of industrial enterprises» is substantiated from the standpoint of valuating the interests of all stakeholders. In the course of the study, the authors’ own interpretation of this category as new technologies that are created on the basis of the use of intellectual property rights and are able to satisfy the vital interests of all participants in corporate relations by means of applying them in the logistics of industrial enterprises is presented. The promising directions of application of innovative technologies in the logistics of industrial enterprises in the conditions of wartime and in the post-war development of the national economy are generalized. It is noted that the current economy of Ukraine operates in the context of transformation of market relations in accordance with the requirements of the EU, one of which is the formation of the corporate sector for the effective use of pooled capital (both financial and non-financial). The indicators of receipt of applications for objects of property rights (OPR) and for inventions during the period of 2018–2022 are analyzed, the results of the carried out analysis have actualized the issue of motivation for the creation and introduction of the objects of intellectual property rights (OIPR) as a source of innovative technologies in the logistics of industrial enterprises during the wartime and in the post-war development of the economy of Ukraine. The conceptual and logical scheme of creation and implementation of objects of intellectual property rights as a source of innovative technologies in the logistics of industrial corporate associations is visualized on the basis of situational and integrated approaches. It is expected that the recommendations provided will improve the process of management of innovative technologies in the logistics of industrial enterprises, accelerate the restoration, modernization and development of corporate industrial associations, increase the level of satisfaction of vital interests of participants in corporate relations and of the population of Ukraine as a whole concerning both during the wartime and in the post-war development of the national economy.

Understanding the future market infrastructure development through the use of tokenized assets

The paper is dedicated to the discussion of the author’s attempt to explain a trend in the future market infrastructure development through the use of tokenized assets. The paper successively solves eight working tasks: a) clarify standard functions of the market infrastructure and roles of a market intermediary; b) outline the logic for developing a virtual market and place of a legal deal; c) clarify four mandatory components of a standard deal; d) distinguish the concept of “tokenized document” as a modern type of legally valid contract; e) distinguish entities and objects involved in a deal and essential conditions of a legally valid deal; f) subjectively assess the potential impact of tokenized assets on the renewal and development of the market infrastructure; g) outline new opportunities for regulating market relations using tokenized assets, which are consequences of their properties and parameters of tokenized assets; h) summarize levels of formation of a new economic potential of tokenized assets for the market infrastructure development. The author concludes that distributed ledger tools and especially the most promising type of distributed ledger virtual asset, such as a tokenized asset, can drive the market infrastructure modernization. It will be a new and additional means for addressing global wealth inequality using tokenized assets. Its “key” is to create new professional jobs in the ecosystems of decentralized information platforms. The most expected promising areas, especially widespread digital commerce, management of objects of intellectual property rights, agricultural sector at the level of micro and small farms, pave the way for significant, almost radical transformations in the composition, structure and number of participants in the market infrastructure and economic relations on the markets. The main and fundamental technical means for this new market infrastructure organization are backed distributed ledger tokens or tokenized assets, namely tokenized contracts, tokenized resources and tokenized deals. Based on the information and applied nature of tokenized assets and four standard components of a deal (contract, entities and objects involved as well as essential conditions of the contract), the author proposed three types of tokenized assets based on the feature “original asset underlying the tokenized asset”, namely: (a) tokenized document, (b) tokenized resource and (c) tokenized deal. Together they universally cover all types of original (underlying) assets in legal civil and economic circulation in almost any country in the world. Having different functional purposes, these three types of tokenized assets along with a digital ecosystem of services potentially fulfill many functions of market intermediaries in the modern market infrastructure.

КОМЕРЦІЙНА ТАЄМНИЦЯ В СИСТЕМІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: СУТНІСНИЙ КОНТЕКСТ

Background. In the conditions of the formation of the knowledge economy, the intensification of innovative development, the strengthening of globalization processes, and the active spread of information and communication technologies, the importance of commercial secrets as a tool for ensuring the competitive advantages of organizations increases. The purpose of the study is to promote a comprehensive understanding of commercial secrets to understand their place in the intellectual property portfolio of modern companies and to make effective decisions regarding their effective use and reproduction. The object of research. The article is devoted to revealing the essence of a commercial secret, clarifying its meaningful characteristics and place in the organization's intellectual property system. Methods. Achieving the goal of scientific research relies on the use of a wide arsenal of methods: abstraction, scientific description, theoretical generalization, induction, and deduction to substantiate the meaning, reveal the essence of a commercial secret, clarify its meaningful characteristics, and compare it with other categories; a dialectical combination of the general and the special to highlight the signs of a commercial secret; decomposition, structuring for the selection of types of commercial secrets, determination of directions for their systematization. Results. Approaches to comparing commercial secrets with confidential information and know-how are presented in the literature. Various interpretations of the essence of a commercial secret have been studied, in particular, in the context of its belonging to the intellectual property system. Considerable attention is paid to defining the features of a commercial secret through the lens of a dialectical combination of the general and the special. The general features of a commercial secret due to its primary informational nature are given; specific features as an object of intellectual property are highlighted. The types of commercial secrets were studied, and the vectors of their systematization and concretization in the practice of organizations were proposed. Conclusions. It is asserted that commercial secrets are classified as objects of intellectual property rights; considered the right to commercial secrecy as a type of intellectual property rights. An extended interpretation of the commercial secret is given, taking into account the totality of its features and a wide range of possible types as a methodological aspect of the formation of practical tools for the management of commercial secrets of organizations.

ОСОБЛИВОСТІ КОМЕРЦІАЛІЗАЦІЇ СЕЛЕКЦІЙНИХ ДОСЯГНЕНЬ У НАУКОВО-ДОСЛІДНИХ УСТАНОВАХ

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.

UNFAIR COMPETITION IN PATENT LAW (PATENT TROLLING)

The purpose of this article is to consider problematic issues regarding unfair competition in patent law, in particular, patent trolling. For this purpose, the concepts of «patent trolling» and «patent troll» were analyzed. Types of patent trolls are also defined. The signs and peculiarities of patent trolling in Ukraine and the reasons for its spread are established. The manifestation of unfair competition, consisting in the abuse of intellectual property rights, is considered. Recommendations are given on introducing an effective mechanism to combat patent trolls and bring them to justice for unfair competition. The methodological basis of the research is general scientific and special methods of scientific knowledge. The use of these methods made it possible to describe and propose ways to solve the problem of unfair competition in patent law, in particular, patent trolling. Results: no provision in national legislation directly provides for the liability of patent trolls for abuse of rights, including under competition law. Ukrainian legislation does not provide for the liability of patent trolls for the abuse of rights, which in a certain way have a conditional nature, since they are provided under their personal responsibility in terms of compliance of the object with the conditions of patentability or the criteria of protectionability. In this regard, it is necessary to eliminate the causes and conditions that contribute to the mentioned negative phenomenon at the legislative level. Discussion: in fact, «patent trolls» are neither product manufacturers nor inventors, but only possess property rights to objects of intellectual property rights, buying up protective documents for them and realizing these rights only by prohibiting their use, initiating lawsuits, in fact, that’s why they got that name.