On the question of legal regulation of license agreements according to Ukrainian and EU legislation
DOI:
https://doi.org/10.35774/app2023.03.097Keywords:
contract, intellectual property, license agreement, license, EU law, recodification, adaptation of legislationAbstract
In the article, the authors examine the peculiarities of the legal regulation of license agreements under the legislation of Ukraine and the EU in the context of the approximation of the legal systems of Ukraine and the EU.
The authors analysed individual acts of the EU in the field of regulation of license agreements and contractual relations in general, focusing on national regulation in the researched field. The authors emphasize that today the issues of contractual regulation have a scattered normative structure, sometimes unfounded regulation, or lack of legal regulation, which indicates that in the modern society of the development of communications, information exchange, artificial intelligence, new results of intellectual activity, the regulatory framework is not copes with such an onslaught and sometimes lags behind the realities. The authors focus on the problems of legislative regulation of the choice of applicable law for license agreements complicated by a foreign element. The authors summarized the peculiarities of EU-level regulation of issues related to the conclusion of license agreements, issuance of licenses, limitation of rights under such licenses in the field of education, medicine, technologies that will contribute to the protection of human life and health. The authors focused attention on the importance of today's rather fundamental rethinking of the role and meaning of the sphere of intellectual property, not only in the context of contractual regulation, but also regarding the proper protection of copyright.
The authors concluded that, because Ukraine aspires to join the European family, today we should talk about strengthening the legislative regulation of the issues of choosing the applicable law for license agreements, choosing the methodology of legislative regulation of the use of various types of licenses, and exclusions from such use. Also, special attention should be paid to expanding the rights of authors and performers in terms of granting them the right to make changes to contracts, as well as to simplifying the form of licensing transactions as such.References
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