Theory and practice of intellectual property
№ 5 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/52018.160776

Published      2018-10-29

Formation of the property of Ukrzaliznytsia (Ukrainian railway): intellectual property issues

Vitalii Semchyk
Ukraine

Abstract
The article is devoted to the issue of the place of intellectual property in the process of forming the property of the public joint-stock company «Ukrzaliznytsia» («Ukrainian Railway»). The article analyzes the current norms of Ukrainian legislation which regulate the assignment of intellectual property to the formation of the property of Ukrzaliznytsia. The reorganization of Ukrainian railways raised important issues on the place of the intellectual property of Ukrzaliznytsia, as well as the determination of the legal status and effects of intellectual property rights transactions on intellectual property objects which are owned by Ukrzaliznytsia. The intellectual property rights can be considered as intangible assets only after passing the procedure for state registration of such rights, and for the realization of any operations with intangible assets that are proprietary intellectual property rights; they should acquire appropriate legal protection and obtain the estimated value. This procedure guarantees such rights to be placed on the balance of Ukrzaliznytsia. The importance of protecting intellectual property rights in this area is underlined. The experience of China in this area is analyzed, which indicates the necessity and urgency of developing this issue in Ukraine.

Keywords: intellectual property rights, Ukrzaliznytsia, intangible assets