ДОГОВІР ПРО ПЕРЕДАННЯ МАЙНОВИХ ПРАВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: СПІРНІ АСПЕКТИ ПРАВОВОГО РЕГУЛЮВАННЯ

The article considers the legal analysis of the contract on the transfer of exclusive property rights of intellectual property. The author analyzes the legal nature of this contract and the state of its legal regulation, doctrinal views on understanding the concept and content of the contract on the transfer of exclusive property rights of intellectual property. It is established that contractual structures for the disposal of property rights of intellectual property are different, and one of them is the contract on the transfer of exclusive property rights of intellectual property. It is proved that the legislation in the field of industrial property requires significant additions in terms of determining the features of the conclusion, content, termination of the contract on the transfer of property rights of intellectual property, since as of today the relevant special laws contain only provisions on the possibility of concluding such a contract. It is substantiated that it is possible to alienate part of the rights (a certain percentage of rights) to objects of intellectual property rights under the contract on the transfer of exclusive intellectual property rights, since the law allows the possibility of transferring rights "in part or in full", this rule is universal, applies to all objects of intellectual property rights, but can be carried out taking into account the specifics of a particular object of intellectual property rights and the features established by special legislation. It is emphasized that the relevant legislative acts in the field of industrial property should be supplemented by introducing legislative certainty regarding the possibility or impossibility of alienating part of the intellectual property rights. It is stated that the contract on the transfer of intellectual property rights can be both real and consensual, since the moment of transfer of rights may not coincide with the moment of conclusion of the agreement. It is established that the legislation on copyright and legislation in the field of industrial property does not contain cases that link the state registration of the contract with the moment of transfer of rights under it to the acquirer. It is substantiated that in order to avoid double interpretation of the content of Part 2 of Article 1114 of the Civil Code of Ukraine, it is necessary to make amendments or additions to it, determining the legal consequences of its non-compliance, or clarifying what registration of the fact of transfer of exclusive property rights to intellectual property means, since special legislation does not provide a clear answer to this question. Keywords: intellectual property, property rights to intellectual property, objects of copyright, industrial property, trademark.