Problems of application of a commercial concession agreement in the process of implementation of rights to intellectual property objects in business activities

• Published in: Ekonomìčnij vìsnik Deržavnogo viŝogo navčalʹnogo zakladu Ukraïnsʹkij deržavnij hìmìko-tehnologìčnij unìversitet (Online) Vol. 21; no. 1; pp. 60 - 71
• Main Authors: Khridochkin, Andrii, Harmider, Larisa, Lomakina, Anastasia, Ivanova, Marina
• Format: Journal Article
• Language: English
• Published: Ukrainian State University of Science and Technologies 01.06.2025
• Subjects: commercial concession; commercial concession agreement; contractual relations; entrepreneurial activity; legal regulation; object of intellectual property; right holder; user
• ISSN: 2415-3974; 2664-2670
• DOI: 10.32434/2415-3974-2025-21-1-60-71

The article analyzes the actual problems of applying the commercial concession contract in the process of realizing rights to intellectual property objects in entrepreneurial activity. The theoretical principles regarding the determination of the legal nature of the commercial concession contract and the features of its application in the process of realizing rights to intellectual property objects in entrepreneurial activity are analyzed. An analysis of the current domestic legislation was carried out to determine the legal nature, purpose, essential features, subject matter and parties of the commercial concession agreement. It has been established that the purpose of concluding a commercial concession contract in the process of realizing rights to intellectual property objects in entrepreneurial activity is to assist in the promotion of goods (works, services) on the market by manufacturing and (or) selling a certain type of goods and (or) providing services. It is proved that the subject of the commercial concession contract is two-level – at the primary level, the element of the subject of the commercial concession contract is the actions of the right holder, aimed at providing the user with the opportunity to use the intellectual property rights belonging to the right holder in his entrepreneurial activity, and at the second level, the subject commercial concession agreement includes the right to use the object of intellectual property, which the right holder grants to the user. Attention is focused on the fact that an object of intellectual property becomes the subject of a commercial concession contract due to its own marketability, and its marketability is manifested in the consumer and exchange value of the object of intellectual property (private component), as well as in the presence of a legal regime defined by legislation of intellectual property objects, which establishes the rules for alienation of these objects, their circulation in the commodity turnover, which ensures a balance of private and public interests (public component). It is emphasized that under a commercial concession contract, the right holder does not lose his own intellectual property rights, but only transfers one of his own property rights – the right to use the object of intellectual property rights – to another person – the user. It was concluded that the establishment of legal relations resulting from the conclusion of a commercial concession agreement creates favorable conditions for the development of small and medium-sized enterprises and the attraction of investments in the national economy.