POINT OF VIEW AT LEGAL NATURE OF PROPERTY RIGHTS ON INDUSTRIAL PROPERTY OBJECTS THROUGH ACCEPTED CONCEPTS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
Basing on scientific analysis of provisions of accepted concepts of intellectual property rights the author proposes his own vision on legal nature of property rights on industrial property objects. It’s determined that in present civil law accepted two main concepts of legal nature of property rights on industrial property objects: proprietary concept and concept of exceptional intellectual rights. The main idea of proprietary concept is affirmation such rights as special kind of property right. This concept confronted with such arguments as impossibility of possess, use and dispose result of intellectual activity identically to thing. Herewith the idea of concept of exceptional intellectual rights is affirmation such rights as special kind of subjective civil rights (rights sui generis). But this concept faces with apposing arguments related to exceptionality as characteristic of property intellectual rights. The matter is that legislative provisions provide exceptions from general rule of exceptionality of such rights. As a result of legal scientific analyze of both concepts content author conclude that only integrative concept as a constructive cooperation of legal positions within both concepts discloses completely legal nature of property rights on industrial property objects. Within such approach property rights on industrial property objects determines as special kind of rights resemble to right of property but with special element of exceptionality. Exceptionality according to such concept arises as a legal mean that provide complete legal domination of person over result of intellectual activity that can’t be dominated over by property rights. Property rights on industrial property objects neither kind of real rights nor kind of rights sui generis but a result of joining these two kinds of rights.
Authors and Affiliations
О. І. Гоцанюк
Keywords
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