Browsing by Author "Ivanova, Maryna V."

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Legislative Regulation of Commercial Use of Intellectual Property Objects in Business Activities
(ННІ УДХТУ УДУНТ, Дніпро, 2024) Khridochkin, Andrii V.; Harmider, Larysa D.; Lomakina, Anastasia A.; Ivanova, Maryna V.
ENG: The article analyzes current issues of the modern process of legislative regulation of the commercial use of intellectual property objects in entrepreneurial activity. Specific proposals regarding strategic directions for further improvement of the organizational and legal foundations of the process of commercial use of intellectual property objects in entrepreneurial activity are proposed, which should be focused on solving the following three blocks of current problems: problems of the legislative, institutional and infrastructural basis of the commercial use of objects intellectual property in business activities. Attention is focused on the need to systematize Ukrainian legislation on legal responsibility for infringement of rights to intellectual property objects used in business activities, adaptation of current domestic normative legal acts in the field of intellectual property to the relevant acts of the European Union, legislative regulation of the issue of disposal of objects intellectual property used in business activities, creation of a modern basis for the protection of intellectual property objects in the military-technical sphere, as well as improvement of the existing legal framework of the system of collective management of property copyright and related rights. The presence of a need to improve the institutional basis of the process of commercial use of intellectual property objects used in entrepreneurial activity in the direction of implementing the concept of a single intellectual property body created in our country, the completion of the process of commercial use of intellectual property objects used in entrepreneurial activity by specialists of high level, establishment of cooperation between public and private organizations, deepening of cooperation with international organizations in this field, establishment of cooperation with relevant public authorities of other states, proper support of the functioning of public organizations in the field of intellectual property. The priority of the task of improving the infrastructural base of the process of commercial use of intellectual property objects used in entrepreneurial activity is emphasized.
Problems of Application of a Commercial Concession Agreement in the Process of Implementation of Rights to Intellectual Property Objects in Business Activities
(Український державний хіміко-технологічний університет, 2025) Khridochkin, Andrii V.; Harmider, Larysa D.; Lomakina, Anastasia A.; Ivanova, Maryna V.
ENG: The article analyzes the actual problems of applying the commercial concession contract in the process of realizing rights to intellectual property objects in entrepreneurial activity. The theoretical principles regarding the determination of the legal nature of the commercial concession contract and the features of its application in the process of realizing rights to intellectual property objects in entrepreneurial activity are analyzed. An analysis of the current domestic legislation was carried out to determine the legal nature, purpose, essential features, subject matter and parties of the commercial concession agreement. It has been established that the purpose of concluding a commercial concession contract in the process of realizing rights to intellectual property objects in entrepreneurial activity is to assist in the promotion of goods (works, services) on the market by manufacturing and (or) selling a certain type of goods and (or) providing services. It is proved that the subject of the commercial concession contract is two level at the primary level, the element of the subject of the commercial concession contract is the actions of the right holder, aimed at providing the user with the opportunity to use the intellectual property rights belonging to the right holder in his entrepreneurial activity, and at the second level, the subject commercial concession agreement includes the right to use the object of intellectual property, which the right holder grants to the user. Attention is focused on the fact that an object of intellectual property becomes the subject of a commercial concession contract due to its own marketability, and its marketability is manifested in the consumer and exchange value of the object of intellectual property (private component), as well as in the presence of a legal regime defined by legislation of intellectual property objects, which establishes the rules for alienation of these objects, their circulation in the commodity turnover, which ensures a balance of private and public interests (public component). It is emphasized that under a commercial concession contract, the right holder does not lose his own intellectual property rights, but only transfers one of his own property rights – the right to use the object of intellectual property rights to another person the user. It was concluded that the establishment of legal relations resulting from the conclusion of a commercial concession agreement creates favorable conditions for the development of small and medium-sized enterprises and the attraction of investments in the national economy.