Journal article Open Access

Features of Commercialization of Intellectual Property Objects (Legal Aspect)

I.V. Kryvosheina

The article researches legal aspects of commercialization intellectual property objects, determination of legislation settles in the sphere of disposition of intellectual property rights, determination of main advantages for owner in the process of object commercialization. Intellectual property is valuable asset which may be exploited in a number of ways.

Commercialization of intellectual property objects is one of the ways to satisfy owner’s economical interests, which basis are profits from using intellectual property objects in their own production and also by granting property rights for third persons.

            One of the effective ways for economical development of every country is legal opportunity for granting intellectual property rights. Nowadays those rights have an economical value and are the subject of business dealings.

Main subjects for commercialization of intellectual property objects are, first of all, authors and inventors; also it can be persons that have intellectual property rights due to their business activity, which deals with creation and usage of intellectual property objects; persons who is interested in getting intellectual property rights as a user or an owner.

Article is describing main directions of commercialization of intellectual property rights, such as: using objects in own production of goods and services; agreements on alienation of intellectual property rights; license agreements; entering intellectual property rights to the statutory capital; franchise agreement.  All the ways are efficient and can bring to the owner economical profits in case of their effective usage.

We should say, that the way of commercialization of intellectual property object, depends on decision of the owner, who is legally allowed to use different ways at the same time. As an example, the owner can use his intellectual property at his own production, giving the license to user at the same time. Licenses may be exclusive or non-exclusive. An exclusive license grants the rights governed by the license to the licensee who can perform those rights to the exclusion of everyone else including the owner. A non-exclusive license is appropriate where the owner of the intellectual property right wishes to grant licenses to numerous licensees. 

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