Concept of the definition "industrial property rights".

Abstract

The article deals with the question of definition of the concept and essence of industrial property rights. On the basis of the analysis of the results of general theoretical and special scientific researches, the current legislation investigates the concept of "industrial property rights". The clarification of the concept of "industrial property rights" in the broad and narrow sense is proposed, and the definition of property rights for objects of industrial property is given. Based on the analysis of doctrinal approaches, characteristic features of property rights of industrial property are singled out. The emphasis is placed on the fact that the legal regime of property rights can not be applied to the rights of industrial property.

The author proposes to make a clarification to: Part 2 of Article 190 of the Civil Code of Ukraine by stating it in the following wording: "Property rights are recognized as substantive rights, except in cases stipulated by law"; Art. 419 of the Civil Code of Ukraine, which is proposed to be supplemented with paragraph 4 of the following content: "The provisions of Book 3 of this Code, unless otherwise provided by law, do not apply to intellectual property rights"; Part 1 of Art. 133 of the Commercial Code of Ukraine, it is proposed to state in the following wording: "The basis of the legal regime of property of economic entities, on which their economic activity is based, are: ownership and other real rights – the right of economic management, the right of operational management; property rights to industrial property objects "; Also, it is proposed to consolidate the notion and list of industrial property objects in the Commercial Code of Ukraine and define the concept of "proprietary rights of industrial property".