Open AccessSubjects of the constitutional right to own, use and dispose
Author(s) -
А.О. Uvarov
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.64.31
Subject(s) - intellectual property , dispose pattern , product (mathematics) , law , exclusive right , law and economics , property rights , business , political science , sociology , engineering , geometry , mathematics , waste management
The article is devoted to the study of the subjects of the constitutional right to own, use and dispose of the results of their intellectual activity. It is established that the range of subjects of the constitutional right to own, use and dispose of the results of their intellectual activity are: subjects of copyright (authors of works, their heirs and persons who have acquired the rights to works in accordance with the contract or law); performers of works, their heirs and persons who have acquired related rights in accordance with the contract or the law on performances; producers of phonograms, their heirs (successors) and persons to whom related property rights in relation to phonograms have been legally transferred; videogram producers, their heirs (successors) and persons to whom related property rights in relation to videograms have been legally transferred; broadcasting organizations and their successors (subjects of related rights); author of a scientific discovery; subjects of intellectual property rights to an invention, utility model, industrial design (inventor, author of an industrial design; other persons who have acquired rights to an invention, utility model and industrial design under contract or law); subjects of intellectual property rights to the layout of the semiconductor product (author of the layout of the semiconductor product; other persons who have acquired the rights to the layout of the semiconductor product under the contract or law); subjects of intellectual property rights to the innovation proposal (the author of the innovation proposal and the legal entity to which the proposal is submitted); subjects of intellectual property rights to a plant variety, animal breed (author of a plant variety, animal breed; other persons who have acquired intellectual property rights to a plant variety, animal breed under contract or law; natural and legal persons who are subjects intellectual property rights to a trademark, individuals and legal en-tities that are subjects of intellectual property rights to a commercial name. Emphasis is placed on the independence of copyright and ownership of the material object (material carrier), which is manifested through: 1) the content of personal non-property rights and property rights of the subject of copyright; 2) ownership of a material object (possession, use and disposal).