The Exercising of Intellectual Property Rights by Some Categories of Natural Persons

Abstract

The article discusses the regulation of the problems related to the exercising of intellectual property rights vested in persons lacking of the capacity to perform legal actions, persons with a limited capacity to undertake legal actions and the incapacitated persons. In cases where exercising of intellectual property rights takes a form of factual actions (using an object), it is to be assumed that all of the mentioned categories of persons are equally entitled to their performance. In turn, when intellectual property rights are to be exercised by means of legal actions (authorising the use of an object by license contract and other forms of disposition of such rights), the corresponding entitlements differ depending on the degree of the capacity to undertake legal actions.. The natural persons whose civil capacity is limited, can dispose of their intellectual property rights upon the consent of their statutory representatives. The disposition of the intellectual property rights vested in persons under the age of 14 or in the incapacitated persons entirely remains within the ambit of powers of their representatives.