Classification of contracts in the field of disposal of property rights to objects of related rights under the legislation of Ukraine
The idea of writing this work arose due to the absence in the current legislation, both in the Civil Code of Ukraine and in the relevant Law of Ukraine “On Copyright and Related Rights”, of a separate article that would define what is the subject of the forms of disposal of property rights to objects, in the context of this work, related rights. Why is the definition of the subject important and what is it needed for? The definition of the subject of any contract is important from the point of view of compliance with essential conditions and this is what distinguishes the relevant forms of disposal from other types of contracts. What is the subject of contracts in this field? In fact, the subject of contracts in this field is a property right, the legal fate of the latter, which can be implemented through two groups of contracts. Thus, the author proposes the following definition of the subject of contracts in this area: “1. The subject of contracts in the field of disposal of property rights of intellectual property is property rights to objects of intellectual property rights. In cases specified by law, the subject of certain types of contracts may be personal non-property rights. Property rights that have not arisen cannot be the subject of contracts in the field of disposal of property rights of intellectual property.” Regarding the system of contracts in the field of property rights management for related rights objects, the author gives the following understanding of it as such forms of property rights management that provide for either the transfer (alienation) of property rights in the part that is transferred (alienated) or such forms of management that provide for the provision of property rights for use in certain ways. It is proposed that this system should consist of the following types of contracts: a contract for the transfer (alienation) of property rights for service objects of related rights, a contract for the creation of a related rights object to order, a contract for the transfer (alienation) of property rights for an object of related rights, a license contract for the use of property rights for an object of related rights, a public license for the use of property rights for an object of related rights.
Authors
- N. H. Pecherova (ORCID: https://orcid.org/0000-0001-9750-1693)
Institutions
- Weatherford College (US)
Publication Details
- Journal
- Uzhhorod National University Herald Series Law
- Published
- 2025-05-09
- DOI
- https://doi.org/10.24144/2307-3322.2025.88.1.53
- Primary Topic
- Legal Studies and Reforms
- Type
- article
- Field-Weighted Citation Impact
- 0.00