How to transfer the intellectual rights to the program to another person?

First of all, I note that there are two groups of rights - personal non-property rights and property rights. The first group of rights includes the right to indicate one's name/pseudonym or to prohibit such indication, as well as the right to oppose any changes and encroachments on the work (in our case, a computer program). Such personal non-property rights cannot be transferred. That is, regardless of whether the computer program was created under a civil or economic contract, or within the scope of performance of labor duties, all non-property rights remain with the author.

Article 427 of the Civil Code of Ukraine "Transfer of intellectual property rights" indicates the possibility of transferring intellectual property rights under a contract. The same rule of the code stipulates that the contract determines the conditions for the transfer of intellectual property rights. Article 1107 of the Civil Code of Ukraine contains a list of contracts based on which intellectual property rights are disposed of. Such contracts include:

• license agreement and license to use the object of intellectual property rights;

• contract on creation to order and use of an object of intellectual property rights;

• agreement on the transfer of exclusive intellectual property rights;

• other agreements regarding the disposal of property rights of intellectual property.

How to transfer intellectual property rights?

For this, a written contract with relevant provisions is used. The types of such contracts are mentioned above.

It is possible to obtain exclusive or non-exclusive property rights to an already created software product on the basis of a license agreement. The contract is concluded with the person who owns the exclusive property rights to the software product, that is, with the current right holder (with the licensor). At the same time, it is necessary to make sure that the person who intends to transfer the intellectual property rights to you really owns them, is the author and/or the rightful owner of the software product.