International, European, Ukrainian standards in the field of contractual disposal of property rights to objects of related rights in Ukraine as components of a unified system of standards

In this work, the author examines standards in the field of property rights management for objects of related rights as a certain unified system, which consists of guarantees provided by the Constitution of Ukraine, international treaties ratified by our state, as well as the Civil Code of Ukraine and the Law of Ukraine “On Copyright and Related Rights”. When considering these links, the main problem that arises is the lack of protection of persons who are creators of objects of related rights due to the absence of both mention of the latter in the context of the definitions of “producer of videogram”, “producer of phonogram”, “broadcasting organization” and, in general, the absence of a corresponding definition as such. Why is the introduction of a corresponding definition extremely important? It is extremely important because, in our opinion, it will allow to level the existing imbalance, when such persons who created one or another object of related rights are actually impersonal, and the moment of transfer of rights from them to other persons is completely absent. Most illustratively, in our opinion, the absence of such a moment of transition of property rights is revealed through such forms of disposal of property rights as an employment contract (contract) in terms of the distribution of property rights to a created service object of related rights, an agreement on the creation to order and the use of an object of related rights. In addition, the author highlights in the work the issues of the lack of definition of standards in the field of disposal of property rights, including objects of related rights, the lack of definition of property rights both to objects of intellectual property rights and to objects of related rights, as well as the need for further development of the idea that objects of intellectual property rights and objects of related rights belong to res incorporales in such forms of disposal of property rights as a license agreement, an agreement on the transfer (alienation) of property rights to an object of related rights, because intellectual property rights and the right of ownership of a thing are separate from each other. The author of the work proposes a definition of the creator of an object of copyright and/or related rights, and also proposes a new version of Part 1 of Article 450 of the Civil Code of Ukraine, Parts 1, 2 of Article 35 of the Law of Ukraine “On Copyright and Related Rights” with the inclusion of the creator of an object of copyright and/or related rights.