The Definition Of Intellectual Property Rights In The Civil Code Of Ukraine

  • N.M. Stefanyshyn
Keywords: intellectual property rights, ownership, intellectual activity, creativity, objects of civil law.


The proposed article is devoted to scientific research and theoretical content of the legal concept of intellectual property.

As a result of this study the author was able to distinguish the concepts of intellectual activity and creative activity. It was concluded that not all the results of creative activity may be the result of intellectual activity, but absolutely all objects of artistic objects can act civil law. Intellectual property rights are only the results of creative activity (only those objects) that meet certain requirements outlined Civil Code of Ukraine and the applicable law, and only in such objects is given legal protection and they become objects of intellectual property.

The author outlined the signs of intellectual property, in particular, they are: creativity; originality; originality; intellectuality.

In order to determine the place of independent intellectual property rights in the civil law system in general, the article relate intellectual property ownership. As a result of such legal concepts summed value that intellectual property rights and ownership - is not identical legal concepts.

Determined that the ownership and intellectual property rights are civil rights institute independent and consist of a set of legal rules governing the independent legal relations.