ECONOMIC AND LEGAL PRINCIPLES OF COMMERCIALIZATION OF INTELLECTUAL PROPERTY IN UKRAINE
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Дата
2022
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Видавець
Baltic Journal of Economic Studies
Анотація
The subject of the study is the conceptual, theoretical, empirical and methodological foundations
of the legal and economic nature of the commercialization of intellectual property in Ukraine. Methodology.
General and special methods of cognition were used in the process of research. The essence of the
commercialization of intellectual property was evaluated on the legal and economic level, on the basis of the
same and opposite parameters with the help of the dialectical method. The analysis created conditions for
a multifaceted study of all characteristic features of the commercialization of intellectual property as an
economic and legal phenomenon. The synthesis created conditions for summarizing the characteristic
features of this process. The formal legal method allowed to correctly interpret the content of normative
legal acts that determine the general legal regime of commercialization of intellectual property and the special
legal regime of its forms with regard to their use in civil or economic circulation. The purpose of the article is
to determine the economic and legal foundations of the commercialization of intellectual property in Ukraine
as an economic and legal category at the theoretical and empirical level. The results of the study prove that
the commercialization of intellectual property is a form of implementation of scientific developments and
innovations in various spheres of human life, which is usually accompanied by obtaining a certain benefit and
includes a number of forms of implementation regulated by administrative, civil and economic legislation.
Conclusion. Commercialization of intellectual property in Ukraine consists of two conceptual approaches to the
study and implementation of an economic and legal nature. Economists propose to consider commercialization
as one of the constituent stages of the social life process of intellectual property objects along with creation,
security and protection. Within this approach to the forms of commercialization of intellectual property, the
following manifestations are distinguished: 1) use of the corresponding object within the limits of own
production, transfer under contracts (licensing, leasing, commercial franchise) to other subjects or entry of
rights to the object objects of intellectual property into the authorized capital of the enterprise; 2) capitalization
and sale. Among the factors that determine the qualitative and quantitative indicators of commercialization,
the most important are legislation, state management in this area, and the existence and implementation
of measures to stimulate participants in this area. From a normative point of view, the phenomenon of
commercialization of intellectual property has gained publicity in various levels of understanding, both
from the standpoint of private law and public law. For both components of jurisprudence, the approach is
generally accepted, according to which the given issue is considered with a view to ensuring public or private
protection of intellectual property rights. Attention is paid to the set of tools provided by special legislation
to higher education and scientific institutions in the field of commercialization of intellectual property. The
provisions of the Ukrainian legislation defining the general legal regime of commercialization of intellectual
property and the special legal regime of its forms are characterized.
Опис
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Бібліографічний опис
Medvedenko, S., Vitvitskyi, S., Arapaki, M. ECONOMIC AND LEGAL PRINCIPLES OF COMMERCIALIZATION OF INTELLECTUAL PROPERTY IN UKRAINE. BALTIC JOURNAL OF ECONOMIC STUDIES. Випуск 5. Том 8. С. 117-126. DOI 10.30525/2256-0742/2022-8-5-117-126.