TRANSFERABILITY OF RIGHTS IN THE SPHERE OF INTELLECTUAL PROPERTY

Abstract

In the article, the author writes about the specifics of the transferability of intellectual property objects and the rights of subjects to them, and here one should take into account not only personal non-property and exclusive rights, but also those that do not belong to any of these categories of rights.

The author hypothesizes that the ideal nature of this object does not directly allow the results of intellectual activity and means of individualization to be negotiable, rather it is about the turnover of exclusive and other rights to them.

At the same time, it should be taken into account that exclusive rights to intellectual property objects can only be transferable from a certain moment: from the moment the object was created or from the moment legal protection was granted to the object in the form of security documents (patents, certificates). Exclusive rights can be negotiable and be the subject of relative legal relations, but before entering into circulation, exclusive rights, like personal non-property rights, are also absolute rights.

As a rule, all exclusive rights are negotiable, but exclusive rights to some means of individualization of participants in civil circulation, goods, works and services are not negotiable, and if they are negotiable, then with certain conditions. The article proposes to clarify the concepts of granting, transferring, transferring in relation to exclusive rights to objects of intellectual property. At the same time, it is necessary to pay attention to the fact that the specificity of the exclusive right lies in its content and the ability to grant and transfer it both in full and in part.