То The Issue About Legal Forms Of Using By The State The Objects Of Industrial Property

Abstract

The article outlines the legal form of using by the state, as a special subject, the objects of industrial property. Analyzed contractual form and system of agreements concluded by the State and the holder of the patent, as well as free use and compulsory licensing the objects of industrial property.

The author found, that the contractual form of the use of objects of industrial property provides realization of rights for all sides in a most degree, protects interests of patentee and the state, as sides of agreement and gives freedom to enter into contracts which most answer their interests and does not conflict with the requirements of civil legislation.

Investigational the forced alienation of rights on inventions, useful models (forced license), which can be conditionally divided into the forced alienation of rights on inventions, useful models in connection with their non-use and forced alienation of rights, on an invention, useful model in interests of national safety. The state has equal rights with other participant’s patent-legal relations on the free use of objects of industrial property.

Conclusions are formed that the legislation of Ukraine is foreseen by the exhaustive list of grounds for the use of inventions, useful models, in interests of national safety which does impossible abuse of this right by the state.

The analysis conducted an author testifies to importance of the use of adequate legal forms for the sake of realization of rights for a patentee and satisfaction of public interests.