Objects of intellectual property rights in the system of objects of civil rights

Authors

  • N.M. Stefanyshyn
  • T.Ya. Skhab-Buchynska

Keywords:

objects of civil rights, objects of civil legal relations, objects of intellectual property law, artificial intelligence, virtual assets, cryptocurrency, domain name.

Abstract

The proposed article is devoted to the study of objects of intellectual property rights and the delineation of their place in the system of objects of civil rights in general. The authors note that the active development of social relations, information society and scientific and technological progress contributed and contributes to the emergence of new objects of civil rights that take place in civil circulation and require their proper legal consolidation and regulation. Thus, the appearance of virtual assets, electronic money (cryptocurrency), the development of robotics and artificial intelligence poses a number of tasks for both theorists and practitioners that need to be solved.
In addition, the proposed topic is timely in view of the renewal of civil legislation, because the process of recodification of the Civil Code concerns all institutions of civil law, including the institution of intellectual property law.
The authors of the article emphasize that when analyzing the legal nature and features of the relevant object of intellectual property law and its regulatory consolidation, it is advisable to take into account the following: to analyze the objects of intellectual property rights that exist today have a place in the Central Committee of Ukraine regarding their viability, application and prospects, because certain legal norms regarding certain objects of intellectual property rights turned out to be «dead». Therefore, the question arises of the need for their further legal consolidation and regulation; to investigate the provisions of international legal acts in relation to legal protection of objects of intellectual property rights and the need for their implementation in the national legislation of Ukraine. This requirement is put before Ukraine by the European Community; to enshrine in civil legislation new objects of intellectual rights of property that take place today and to bring the provisions of the recodified Central Committee of Ukraine into compliance with the provisions of special legal acts regarding the legal regulation of objects of intellectual property rights; The Central Committee of Ukraine should remain a working legal act, including part of the Institute of Intellectual Property Law.

Published

2022-06-30

Issue

Section

Articles