PECULIARITIES OF THE CONTRACT ON THE TRANSFER (ALIENATION) OF PROPERTY RIGHTS TO OBJECTS OF ADJACENT RIGHTS UNDER THE LEGISLATION OF UKRAINE
Authors: Pecherova N. H. 
Published: December 2024

The work is devoted to consideration of the peculiarities of the contract on the transfer (alienation) of property rights to objects of related rights under the legislation of Ukraine. An agreement on the transfer (alienation) of property rights to objects, including related rights, is one of the forms of disposition of property rights along with such forms of disposition, for example, as a license agreement for the use of an object of copyright or an object of related rights, a public license for the use of an object of copyright or an object of related rights, an agreement on the creation to order and use of an object of copyright or an object of related rights, an employment contract (contract) - in terms of the conditions for the distribution of property rights to service work or service performance, service phonogram, service videogram, other transaction regarding the disposal of property rights to the object of copyright or the object of related rights. In contrast to the above-mentioned forms of disposal of property rights, including for objects of adjacent rights, the contract on the transfer (alienation) of property rights for objects of adjacent rights is a form of disposal that does not provide for the provision of the corresponding property rights for use, we are talking about the transfer (alienation) of such property rights in whole or in part from one subject of property rights, including objects of adjacent rights, to another subject who receives the corresponding property rights. Note that the term “alienation” appears in the specific Law of Ukraine “On Copyright and Related Rights”, in the Civil Code of Ukraine this term is not used alongside the name of the contractual structure. We believe that the use of this term in the contractual construction allows us to immediately understand the legal nature of this form of disposition, because the transfer of property rights can also be understood as the transfer of use.
Note that in the work, considerable attention is paid to distinguishing the contract on the transfer (alienation) of property rights to objects, including related rights, from other forms of disposal. The reason for this is the setting of the title of the article of the relevant Law (which we mentioned above) not as an agreement on the transfer (alienation) of property rights to objects of copyright and related rights, but as “Transfer (alienation) of property rights to objects, objects of copyright or objects of related rights under the contract", as well as the legal nature of such forms of disposal of property rights as an employment contract (contract) - in terms of conditions for the distribution of property rights to an official work or official performance, official phonogram, official videogram and an agreement on the creation to order and use of an object of copyright or an object of related rights. When making this distinction, the author draws attention to the moment of emergence of property rights, including related rights of primary subjects, and the legal basis for the emergence of legal relations under each of the above-mentioned forms of disposition. The above-mentioned forms of disposition are not the same as a contract on the transfer (alienation) of property rights, including on objects of adjacent rights. At the same time, analyzing the provisions of the relevant Law on the grounds for the transfer (alienation) of property rights, including related rights, the author advocates the point of view that such transfer (alienation) can only take place on the basis of a deed.
In addition, the author conducts a thorough analysis of the provisions of both the relevant Law and the Civil Code of Ukraine for the purpose of mutual agreement and determination of the essential conditions of this type of contract. Thus, as a result of the work carried out by the author, a conclusion is drawn regarding the need to exclude the object of intellectual property rights from the subject of the contract on the transfer (alienation) of property rights, because it is not the object of intellectual property rights that is transferred under this type of contract, but the property rights to the corresponding object. Object, which in turn are related to the ways of using this or that object. The list of these methods of use for one or another object of related rights is not exhaustive and includes a corresponding list of methods of use. That is why the transfer (alienation) of property rights can take place both completely and partially. And accordingly, property rights to the object, including related rights, that were not transferred under this type of contract are considered to be those that remained with their subject (owner). In addition, attention is paid to the term of validity of the contract analyzed in this work, comparing it with the general term of validity of property rights to objects of adjacent rights.
Based on the results of the research, the author proposed a number of new revisions of the articles of both the Civil Code of Ukraine and the relevant Law, as well as the introduction of provisions on the standard contract on the transfer (alienation) of property rights to objects of law to both the Civil Code of Ukraine and the relevant Law intellectual property, as well as changing the very name of the article of the Civil Code of Ukraine to “Agreement on transfer (alienation) of property rights to objects of intellectual property law”.
Finally, let us note that such scientists as I. Ye. Yakubivskyi, I. B. Ivanochko and A. O. Payenok dealt with issues related to the topic presented in the article and others.