ОСОБЛИВОСТІ ВІДЧУЖЕННЯ МАЙНОВИХ ПРАВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ НА СОРТИ РОСЛИН

Zerov K. O., T. O. V. (2024). FEATURES OF ALIENATION OF INTELLECTUAL PROPERTY RIGHTS PROPERTIES OF PLANT VARIETIES. Social Law(1). https://doi.org/10.32751/2617-5967-2024-01-10

The article reveals the peculiarities of alienating intellectual property rights and property rights to disseminating plant varieties in Ukraine. It is concluded that to carry out a legally verified transaction on alienation of property rights to a plant variety, it is necessary to comply with the requirements of Ukraine's current legislation in the civil law field, protection of rights to plant varieties and accounting provisions. The transfer (alienation) of intellectual property rights to a variety and the property right to disseminate a variety is possible only within the validity period of the respective rights. The waiver of rights to a variety and the transfer of intellectual property rights to a variety create different legal consequences in terms of respecting the preemptive rightsof the variety's authors and the failure of the owner of a variety who is not the author of the variety to comply with the requirements of the law to notify the author of the variety of the intention to transfer the property right to the variety to any individual or legal entity is not a ground for invalidating the agreement on the transfer of property rights to a plant variety; in this case, the author of the variety has the right to demand the transfer of the rights and obligations of the acquirer under the agreement. In case the plant variety is registered only with the property right to disseminate it, the alienator of property rights to the variety is not subject to the obligation to pre-approve the alienation transaction with the authors of the variety. It is determined that the name of a plant variety, the rights to which are transferred to a non-resident under an alienation agreement, may be changed at the specific request of the non-resident acquirer, which must uniquely identify it and differ from any other name of an existing variety of the same or related species in Ukraine and member states of the International Union for the Protection of New Varieties of Plants.