Idustrial Property Versus Corporate Property: Conflict Of Laws

Abstract

The paper deals with the transformation of the intellectual property into the corporate property as a result of the corporate transaction. Analyzing the objects of the intellectual property via corporate interest the author points out its’ special features, such as its’ external objectification and the admissibility of its’ simultaneous multiple use by different holders.

The paper singles out the number of stages of the realization of the intellectual property rights and its’ transferring into the authorized capital. The author states that the acquiring of the qualities of the marketable goods by the intellectual products is possible only through its’ mandatory state registration and through the maintenance of the unexpired patent. The author points out that the enterprise is interested in the possibility of the sole holding of the intellectual product, the necessity of it’s objective monetary valuation and the determination of the order of it’s use.  As a conclusion the author states that the problem of the conflict of laws (intellectual property law and corporate property law) can be solved only considering the specific circumstances and by taking into account dominant corporate interests. Thus, the legal regulation of the objects of the intellectual property as the objects of the corporate relationships should be based both on the intellectual property law and on the corporative law, whereas the norms of the latter should be noted as special ones.