Тo Improve the Protection of the Rights and Interests of The Parties to a Commercial Contract in The Field of Industrial Property

Abstract

The article analyses the status and shortcomings of legislative regulation of contractual relations in the field of industrial property in terms of protection of rights and interests of the parties thereto. It has been proven that the existing legislative framework does not create the necessary legal basis for regulating the protection of rights and interests of the parties to economic contracts in the area of disposal of industrial property rights, which leads to misunderstandings, disputes and litigation. The author proves that the specifics of industrial property relations, their changes and termination determine the essential features of contractual relations which should be reflected in the relevant legislative provisions. The general principles of protection of rights and interests in contractual relations should be supplemented by proper regulation of the grounds and methods of protection in relation to specific types of contractual obligations in the field of industrial property. On the basis of the conducted research, the following conclusions and proposals for improving the legislative regulation of contractual relations formed in the field of industrial property for the protection of the rights and interests of their parties are formulated: it is proposed to regulate in the laws on the protection of rights to various objects of industrial property special grounds for the termination of these contracts, their early termination, the legal consequences of the occurrence of specified legal facts, especially considering the fact that a patent or certificate certifying rights to objects of industrial property may be declared invalid or prematurely terminated; taking into account the insufficient development of the market of industrial property rights, it is proposed to enshrine in special regulations provisions on the legal penalty for certain types of breach of contractual obligations in the field of industrial property with the right to change it or not apply it by the parties; it is expedient to develop a list of operational and economic sanctions that can be effective to ensure the proper execution of a license agreement, a commercial concession agreement, etc. The proposed conclusions and suggestions are aimed at enhancing the level of protection of rights and interests of the parties to economic contracts in the area of transfer of industrial property rights from the standpoint of clearer implementation of the principle of legal certainty in the relevant legislation.