ECONOMIC BEHAVIOR AND LEGAL REGULATION (THE EVIDENCE OF THE INTeLLECTUAL PROPERTY INSTITUTE

Author

, associate professor, Kharkiv, Pushinska, 77

In heading

Economic theory;

Signed print

24.10.2014

Issues number

2014 - № 4 (19)

Page

18-29

Type of articles

Scientific article

Code UDK

310.16:340.13

ISSN print

2218-8010

Abstract

Problem setting. The interaction of economy and law causes a set of problems, the solution of which is a subject to both fundamental and merely applied researches. Relations between the behavior of economic agents and the legal regulation of economic relations are one of such problems. Normative and legislative acts prepared by state authorities are not only a method of the legalization of really existing economic relationships. A state enough frequently aims at the correction of development of economic processes in order to put in equilibrium positions of its parts, to eliminate threats of the monopolization of a certain market, to strengthen the business social responsibility etc. On the other hand, such state regulation, as it is known, may have a negative consequence.
Recent research and publications analysis. Intellectual property and its both certain economic and legal aspects are examined in working papers of H. Bromberg, O. Yershova, R. Miroshnyk, V. Mukhopad, O. Pidopryhora, O. Shpilevska etc. It is worth mentioning papers dedicated to the correlation of economy and law, which are essential for this research, namely papers of J. Le Grand, K. Proper, S. Smith, B. North, Ye. Talapina etc.
Paper objective. An aim of the article is to analyze relationships between the economic behavior and the legal regulation, using the evidence of functioning of the intellectual property institute.
Paper main body. The article generalizes two problems: charges for the usage of intangible assets, i.e. objects of intellectual property and economic and legal terms of a department of the mentioned assets. The author examines the nature of different license payments (royalty, lump-sum, and combined) within the context of how their usage influences a position and the behavior of parts of a license treaty.
Conclusions of the research. A legislator shall take into consideration an economic aspect of one or another matter to be regulated. An economic activity and the legal regulation of relationships in the field of intellectual property may have contradictions of an objective character. Using the evidence of legal and economic terms of the department, the researcher may reveal that such terms caused by different factors can be objectively uncoinciding. An economic term can be considerably shorter as well as longer than a stable term contemplated by the legislation.

Keywords

Economic behavior, legal regulation, intellectual property, intangible assets, license payments, term of an intangible asset department.

Reviewer

External reviewer

Article in PDF

4 18-29

Bibliography

none

Code DOI

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12.09.2014