Protection Of Subjective Civil Rights In The Mechanism Of Legal Regulation

Kot, Oleksii O.

doi:10.31359/1993-0909-2018-25-2-83

Cited by 2 publications

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“…1 of the Civil Code of Ukraine mentions personal non-property relations before property ones. In other words, from the point of view of the developers of the new Civil Code of Ukraine, personal non-property rights are so important to civil society that they must precede property rights even by the location in the codified act (Kot 2018).…”

Section: Introductionmentioning

confidence: 99%

Protection of Non-Property Right

Khomenko

Kostruba

Kot

2019

J. of Adv. Res. Law Econ.

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In the modern world, the significance of non-property right is very high because they are preconditions of providing the real freedom of ownership, freedom of agreement, freedom of entrepreneurship and all other rights in the material sphere of society. The article studies characteristic features of personal non-property rights of individuals. The notion of personal non-property rights of individuals has been formulated taking into account the features of this group of subjective civil rights, as well as their purpose. The main issues to be addressed in the study are the clarification of the specifics (features) of the object of protection, as well as the peculiarities of the protection of the named rights, the jurisdictional and non-jurisdictional forms of protection of personal non-property rights that ensure the natural existence of an individual. In the article, the notions of personal non-material benefit and personal non-property right have been formulated; the personal non-property rights, which provide the natural existence of an individual who is the object of protection, have been characterised in details; propositions regarding addressing certain legislative and practical gaps and contradictions have been presented. Also, the specific features and concepts of the protection of personal non-property rights that provide the natural existence of an individual have been determined.

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Section: Introductionmentioning

confidence: 99%

Protection of Non-Property Right

Khomenko

Kostruba

Kot

2019

J. of Adv. Res. Law Econ.

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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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Protection Of Subjective Civil Rights In The Mechanism Of Legal Regulation

Cited by 2 publications

References 0 publications

Protection of Non-Property Right

Protection of Non-Property Right

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

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