Цивільно-правові засади та межі розпоряджання майновими правами на об’єкти суміжних прав за законодавством України

The idea of writing this work arose due to the lack of a definition of property rights in the relevant Law of Ukraine “On Copyright and Related Rights”. Why is the definition of property rights important? It is important because it is an integral part of intellectual property law and the definition of the latter is the key to a correct understanding of the subject matter of contracts in the field of disposal of property rights, including objects of related rights. As a result of the research, the author reveals inconsistencies regarding the boundaries of the disposal of property rights to objects of related rights under such agreements as an employment contract (contract) in terms of the distribution of property rights to an official object of related rights due to, in particular, a different subject composition under the above-mentioned profile Law and the Civil Code of Ukraine, similar inconsistencies associated with a different subject composition exist in relation to such a form of disposal as an agreement on the creation of an object of related rights on order. Why is the determination of the subject composition and its coordination so important? This is due to the scope and full possession of the powers to dispose of property rights to objects of related rights, in the context of work. For example, for some reason, the employer, not being a co-author of the creation of a particular object of related rights, is granted the authority to dispose of property rights to an official object of related rights. Regarding such forms of disposal of property rights to objects of related rights, which involve the granting of a property right for use, inaccuracies are also revealed, due to the indication of the transfer of use of the object of related rights, and not of the property right to use the object of related rights. As a result of the analysis, the author emphasizes that nevertheless the provision for use occurs in relation to the property right in a certain way (ways), and not the provision for use of the object of related rights itself in a certain way (ways). For example, by writing this work, which the reader is currently reading, does the author transfer to the editorial office this work or the right to publish this work on the terms determined and agreed upon between the author and the future publisher?

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Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-06-24
Primary Topic
Science Education and Pedagogy
Type
article
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article

Цивільно-правові засади та межі розпоряджання майновими правами на об’єкти суміжних прав за законодавством України

Scientific periodicals of Ukraine
Science Education and Pedagogy
article

Цивільно-правові засади та межі розпоряджання майновими правами на об’єкти суміжних прав за законодавством України

article en

Abstract

The idea of writing this work arose due to the lack of a definition of property rights in the relevant Law of Ukraine “On Copyright and Related Rights”. Why is the definition of property rights important? It is important because it is an integral part of intellectual property law and the definition of the latter is the key to a correct understanding of the subject matter of contracts in the field of disposal of property rights, including objects of related rights. As a result of the research, the author reveals inconsistencies regarding the boundaries of the disposal of property rights to objects of related rights under such agreements as an employment contract (contract) in terms of the distribution of property rights to an official object of related rights due to, in particular, a different subject composition under the above-mentioned profile Law and the Civil Code of Ukraine, similar inconsistencies associated with a different subject composition exist in relation to such a form of disposal as an agreement on the creation of an object of related rights on order. Why is the determination of the subject composition and its coordination so important? This is due to the scope and full possession of the powers to dispose of property rights to objects of related rights, in the context of work. For example, for some reason, the employer, not being a co-author of the creation of a particular object of related rights, is granted the authority to dispose of property rights to an official object of related rights. Regarding such forms of disposal of property rights to objects of related rights, which involve the granting of a property right for use, inaccuracies are also revealed, due to the indication of the transfer of use of the object of related rights, and not of the property right to use the object of related rights. As a result of the analysis, the author emphasizes that nevertheless the provision for use occurs in relation to the property right in a certain way (ways), and not the provision for use of the object of related rights itself in a certain way (ways). For example, by writing this work, which the reader is currently reading, does the author transfer to the editorial office this work or the right to publish this work on the terms determined and agreed upon between the author and the future publisher?

Scientific periodicals of Ukraine
Weatherford College (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 37%
Science Education and Pedagogy
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