Intellectual property in the field of information and communication technologies

Abstract

Keywords: IT, computer program, copyright, creative industry The article discusses the main issues regarding IP-protection in the sphere of information (information and communication) technologies — one of thelargest creative industries in Ukraine. Development and capitalization of informationtechnologies are impossible without proper legal protection of intellectual propertybecause the basis of the creative industry is the creation of creative products — goodsand services created/provided by cultural (artistic) and/or creative expression andhave high added value and are objects of intellectual property rights, which determinesthe relevance of this study.It is noted that basic types of economic activity that belong to the creative industriesare defined at the resolution of the Cabinet of Ministers of Ukraine and areaimed at creating and distributing intellectual property rights to already createdcopies (or copies) of software. It is assumed that the tax legislation of Ukraine stipulatesthat certain business transactions for the “publication” of software must be carriedout based on contracts for the supply of software and not based on contracts forthe transfer of intellectual property rights.A brief description of copyright objects in the field of information technology andthe possibilities of their legal protection, namely a computer program, databases, andwebsite, is given. It is noted that the website may combine different intellectual propertyrights.The issue of intellectual property rights distribution on the object created in connectionwith the implementation of the employment agreement (contract) and on theobject created by the order is investigated. It is concluded that the law of Ukraine.“On Stimulating the Development of the Digital Economy in Ukraine” eliminated theconflict between the Civil Code of Ukraine and the Law of Ukraine “On Copyright andRelated Rights” on the distribution of property copyrights on official works. The currentapproach to the distribution of economic copyright rights is harmonized with Europeanstandards.