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Kravtsiv R, Gutyi B., Binkevych V., Hariv I., Binkevych O. ©
Lviv National University of Veterinary Medicine and Biotechnologies named after S.Z. Gzhytskyi
INTELLECTUAL PROPERTY AS A MAJOR ELEMENT OF SOCIALLY
DEVELOPMENT
We did a complex analysis of intellectual property as a progress instrument. Separately we discovered the features of intellectual property right as a commodity.
Key words: intellectual property, objects of right of intellectual property, market economy, commodity, goods.
I. Introduction:
Historically intellectual property has been one of the major and necessary elements of society development and the progress of mankind. Since, its sense increased as motive progress power and making material wealth. During last decades intellectual property receives significant character in economical processes in social and cultural development countries in the world. It makes good medium for technological innovations and artistic creation and stimulates the investments, makes easier traster technologies and increase their quality; new possibilities of personal progress appear. With spreading new kinds of communication the enter of all society and separate persons to the objects of intellectual property became easier. It gives great opportunities for education, cultural exchange, intensive intellectual and spiritual development.
II. The task of research
We had to make complex analysis of intellectual property as main economical and law category of information society, to inform its scientific matter, genetic connection and the development of the society life.
III. Results
The personal people's interests go out for the traditional limits of materials necessities. The intellectual property promotes the personal development, gives the opportunities to realize possibilities of intellect and realize it in creation, wake up the citizen consciousness.
The system of intellectual property consists of five subsystems: the objects of the intellectual property rights, the subjects of intellectual , the subjects of the intellectual property rights, legislation system of Ukraine about the intellectual property, international contracts about intellectual property for wich Ukraine and State system of the legislation defence has joined.
© Kravtsiv R, Gutyi B., Binkevych V., Hariv I., Binkevych O., 2009
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According to civil code of Ukraine about the rights on intellectual property, the personal rights on intellectual or creative actions results or another objects of intellectual property are guaranted by law.
The rights of Intellectual Property have personal properties and are defined by the Code and other laws. The IP right is inviolable. Nobody can be lacking or infringing on intellectual property rights, according to the law.
In the conditions of market economy the intellectual property is a commodity like things or property rights. The world experience says that IP is the major factor of social and economical development.
In the limits of economic and legislative methods of approach the IP rights are interpreted as norms that are regulated by the law and are consolidated by physical person, and by juridical persons and personal rights on intellectual actions results. At the same time they affirm the IP, enjoy to the process of economical practice through legislative form and transform into the economic boons (resources, profits, capital).
Intellectual product is a generalized form of intellectual activity, the information that contains new knowledges and is the result of intellectual creative work. As the basis of industrial innovations intellectual products are useful for producers. They are interesting for consumers who want to satisfy their cultural and spiritual necessities. So, the results of intellectual work receives consumers' value, are useful and good for the people's satisfaction. It's an important indication of commodity as fundamental category of market economy.
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The products of intellectual work have proper specific as to interpretation of traditional collection of market commodities qualities: -goods and services are made on the basis of codify knowlages are unique; in the same time their boundless producing makes up the market of homogeneous commodities and adequate react on the consumption and supplies dynamics; -the traditional measuring of market value, industrial spending are not good for intellectual commodities;
-intellectual commodities are ideal, subjective connected with concrete persons and in the same time, they have material introduction.
Commodity is a product of labor, prepared for sale. That product becomes a good if it gets a price. According to the Ukrainian Law "Fixing the Price of Property and Property Rights and Professional Fixing Activity in Ukraine" "... unmaterial credit sides and the objects of intellectual property rights" are fixed. So, property rights on the objects of intellectual property have the goods signs, that's why they are products of labor and can get price.
The main signs of any market of any market commodities are:
a) profit;
b) rarity - the quality that is opposite of moderate price;
c) universal is the ability for money exchange or exchange on some other market goods.
The profit we understand as an ability to satisfy somebody's necessities. It means, if nobody needs the object of intellectual property, it can not be a commodity.
The most important is the quality of rarity, it covers the profit of goods into the commercial value and the commodities into the goods.
The rarity of objects of intellectual property is realized perfectly because the object of IP must be new, original and unique. The presence of the first two quantities for material objects automatic provides the third one. But for IP right that quality has considerable difference.
The third quality of commodity (universal) is closely connected with its circulation, that makes the separation of IP as from individual as from enterprises. Only in this case the IP rights can circle like goods in their usual meanings.
As for "separation" the intellectual property rights can be subdivided into three groups:
a) the rights that are separated as from individual as from enterprises;
b) the rights that are not separated from individual;
c) the rights that are not separated from enterprises.
To the first group of the objects of intellectual property we refer the trade marks inventions, literature and art works, audio- and videoprogramms and others.
To the second group we refer knowledge, skills creative work of people who make new objects of IP. In total it's a human's capital that can not be separated from the bearer (a man), so it can not be like common goods.
From the enterprises we can not separate systems and methods of functions that are prepared like the components of acting enterprise; availability of prepared staff; getting own production in marketing and business reputation of enterprise.
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Because, unseparated from individual or from enterprise results of creative works can not be the commodity. They can be sold or transfer together with enterprise or individual. For example, we can not transfer the director's good organizational activities from one enterprise to another. We only can invite the talented director on the other enterprise offering him more profitable conditions of work, so, "to buy" him with his qualities.
IV. Conclusion. So, the object of intellectual property is a peculiar commodity. The result of creative activity in humanities realm is the guarantee of education, science and art development. Together with scientific and technical activities they are necessary conditions of forming the material and technical basis of social formation. So, the efficiency of legislative regulation by attitude that deal with making, transferring and utilizing the objects of intellectual properties, can have the influence on the science and technical progress.
Literature:
1. Varfolomeeva U. Intellectual property in the conditions of innovation development: Monography. - M.: aut. - 89, 2006.
2. Pidoprygora O. The Intellectual property rights in Ukraine: Textbook for students of juridical faculties. - K.: Urincom Inter 1998. - 336 p.
3. Intellectual property in Ukraine. Normative basis. - K.: KNT, 2003. - 440 p.
4. Kossak V., Yakubovskyi I. The right of intellectual property. - K.: "Istyna". - 2007. - 208p.
5. Sal'nykova Z. Some questions on improvement the law-giving in the sphere of the defending the author's rights // Visnyk Universytetu. - 1999. - № 6. -p. 117 - 121.
6. Feygelson V. Intellectual property and external economic activity. - M.: YNIIPI, 1997. - 144p.
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