Contracts on the disposition of intellectual property rights in the system of contract law


  • Ihor Yakubivskyi



contract; disposition; intellectual property rights; license; license contract; public license; form of juridical act


The article analyzes the general theoretical principles of legal regulation of the contractual relations regarding the disposal of intellectual property rights. The author emphasized that the contract is an effective legal instrument at all stages of the legal regulation of intellectual property relations – in the legal regulation of these relations, the acquisition of intellectual property rights, the exercise of these rights, as well as in their civil law protection. The position is defended that contracts on the disposal of intellectual property rights constitute an independent group (type) in the system of contract law. The author assumes that the criterion for separating the considered contracts into a separate group is precisely the direction of their legal result, and not the scope, subject matter, etc. An essential feature of the contracts that mediate the dynamics of intellectual property rights, which determines their independent place in the system of contract law institutions, is their direction on the disposal of intellectual property rights (transfer (alienation) of such rights in whole or in part, granting the right (permission) to use object, distribution of property rights to an object created in co-authorship, etc.). The issue of the relationship between the license and the license contract was analyzed and a conclusion was drawn about the expediency of preserving the license in the Civil Code of Ukraine as a separate legal form of disposal of intellectual property rights with a view, in particular, to the currently widespread practice of granting public licenses for the use of copyright and related rights objects. The article emphasizes that a public license has a legal nature of a unilateral juridical act. Attention is drawn to the shortcomings of Article 1107 of the Civil Code of Ukraine, taking into account the changes made to this article by the new Law of Ukraine «On Copyright and Related Rights». In the process of recodification of the civil legislation of Ukraine, it is proposed to abandon the currently existing legislative position, which provides for the nullity of the contract regarding the disposal of property rights of intellectual property, concluded with non-compliance with the written form prescribed by law.