| Popis: |
The article analyses the agreement as one of the main regulators of the private-legal component of innovation relations. It is proved that the contract due to the principles of freedom of its conclusion and determination of its content is the most effective form of regulation of relations on development and implementation of innovations. The author proves that the agreement in modern conditions is a universal structure, that successfully works in all planes of social relations based on legal equality and freedom of expression. And the sphere of legal relations does not affect the essence of a civil law agreement. The qualifying criterion is the methods of legal regulation. The design of the agreement allows the parties to the relationship to set out the terms and conditions that they need. Accordingly, the article substantiates that the agreement takes on the characteristics of an individual act of law-making. The civil agreemant as the “regulator” of innovation relations covers all possible segments of their emergence, realisation, change or termination. Private legal innovative relations include property and non-property relations. However, the author notes that property and non-property relations are multifaceted and multidimensional in their content. Therefore, the need to disclose what is the peculiarity of property and non-property relations specifically in the area of innovation is justified. The article proves that the subject of private law regulation of the civil agreement in the sphere of innovation relations is: 1) relations in the sphere of intellectual property law and related information relations. Human intellectual activity is a fundamental category of innovation relations. The characteristic of novelty is at the heart of innovation and brings us into the sphere of intellectual property law relations. The author notes the inseparable connection of information relations and relations of intellectual property rights as a subject of regulation of civil-law agreement; 2) organizational relations. In particular, innovation relations are connected with the creation, use of innovations as objects of intellectual property rights and their introduction into production, so require complex factual and legal actions aimed at ordering the legal relations between their participants; 3) property relations on creation and implementation of innovations. |
