Contract in Legal Regulation of Intellectual Property Relations

Yakubivskyi, Ihor

doi:10.37635/jnalsu.27(2).2020.64-76

Cited by 2 publications

(2 citation statements)

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“…cannot, by default, be a natural person who is not registered as an entrepreneur, but sells goods, provides services, or performs work. This means that transactions concluded on the Internet (including through existing trading platforms) between two persons are not subject to the legislation on electronic commerce, unless the parties have agreed otherwise (Yakubivskyi, 2019;Prokopenko, 2021: 26).…”

Section: Discussionmentioning

confidence: 99%

“…Well-known Ukrainian and foreign scholars, such as Azimov (1981); Matveev (2018); Dovgert (2019); Kuznietsova (2021); Kapitsa (2006); Yakubivskyi (2019); Nosik (2006); Kryzhna (1999); Bazhanov (2014); Svitnev (2010), and many other civilists and subject matter experts study problems and trends in improving and developing theory and legislation in civil law.…”

Section: Introductionmentioning

confidence: 99%

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Trends in the development of civil law at the present stage

Davydova¹,

Otradnova

Svitlak

et al. 2023

Cuest. Pol.

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The purpose of this article was to scientifically analyze the current trends in the development of civil law in the modern reality, on which follow the authors' proposals to improve its evolution and adaptation. The methodological basis of the study included philosophical approaches, as well as general and special scientific methods of knowledge that meet the main objectives and tasks set in the research. According to the results of the study, civil law today is different not only in the application and protection of rights, compared to the original approaches established by the developers of the current Civil Code and, special sectoral legislation, but also in the change in the paradigm of normative and legal regulation. Everything allows to conclude that, in summary, the authors offer specific recommendations for updating the provisions of the Civil Code of Ukraine, which I include also proposals for changes in civil law. Definitely, civic reflection on all the issues raised in this study makes it possible to consider the problems from a new point of view and to offer, accordingly, comprehensive options for their solution, taking into account the prominent place of the Civil Code in these processes.

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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Trends in the development of civil law at the present stage

Davydova¹,

Otradnova

Svitlak

et al. 2023

Cuest. Pol.

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Agreement on the Reation and Custom Use of the Object of intellectual property rights

Kokhanovska¹,

Bazhanov²

2022

JNALSU

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In the conditions of increasing attention of modern society and each of its members to creativity, manifestation of their personality, opportunities to disseminate creative activities through information networks, technical innovations, increasing importance and popularity are gaining agreements on intellectual property rights of this study. The purpose of the article is to determine the characteristics of the contract for the creation and use of intellectual property rights and disclose the content of new approaches in the legislative regulation of relations between customers and creators of intellectual property rights under contracts on the creation by order and use of the object of intellectual property rights. In the course of the research, to achieve this goal, the following methods were used, in particular: formal-logical, system-structural, empirical analysis, dogmatic and a number of others. This article analyses the concepts and features of the agreement on the creation by order and use of the object of intellectual property rights, identifies the essential terms of this agreement, its content, outlines the specific features of the parties to the transaction. The authors classify the agreements on the disposal of intellectual property rights and determine the place of the agreement on the creation by order and use of the object of intellectual property rights among these agreements. Current case law on contracts for the creation and custom of the object of intellectual property rights is studied. Current changes in the legislation of Ukraine, which regulates the distribution of rights between the customer and the creator, including based on the agreement on the creation of the order and use of the object of intellectual property rights. A comparative analysis is carried out with the previous version of certain norms of the legislation of Ukraine. Own conclusions on changes in the legislation of Ukraine on the ownership of intellectual property rights to objects created by order and further development of agreements on such objects in the field of intellectual property relations

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Contract in Legal Regulation of Intellectual Property Relations

Cited by 2 publications

References 0 publications

Trends in the development of civil law at the present stage

Trends in the development of civil law at the present stage

Agreement on the Reation and Custom Use of the Object of intellectual property rights

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