ON THE RIGHT TO FINANCIAL TRANSPARENCY AND THE REVIEW OF CONTRACTUAL TERMS IN THE FIELD OF DISPOSAL OF INTELLECTUAL PROPERTY RIGHTS AS A REQUIREMENT FOR UKRAINE`S EUROPEAN INTEGRATION

Abstract

This article addresses topical issues related to the disposal and commercialization of intellectual property rights, as well as potential amendments to national legislation in the context of Ukraine`s European integration processes. At present, intellectual property rights constitute on of the key categories of intangible assets actively involved in civil circulation. At the same time, Ukraine`s European integration trajectory necessitates the implementation of certain provisions of European Union directives aimed at strengthening the protection of both proprietary and non-proprietary interests of intellectual property rights holders. Effective protection of such rights is ensured through the application of a range of economic and legal instruments designed to facilitate the realization of rights vested in authors, performers, and other rights holders under applicable legislation. Particular attention is paid to the commercialization of intellectual property rights as a mechanism for satisfying the economic and financial interests of rights holders. The article provides an in-depth analysis of selected provisions of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market, as well as the amendments introduced to Directives 96/9/EC and 2001/29/EC. The focus is placed on the right to appropriate and proportionate remuneration in cases of licensing or transfer of rights; the right of authors and performers to receive regular, up-to-date, and transparent information regarding the exploitation of their works and performances, including information on modes of use, revenues generated, and remuneration due; as well as the right to claim additional, appropriate, and fair remuneration where the originally agreed remuneration proves disproportionately low. The author substinates that the implementation of these provisions into Ukrainian legislation will contribute to enhancing the level of protection of the rights and legitimate interests of authors and performers and will promote the harmonization of national intellectual property law with European Union standarts.