SPECIFICS OF RECOGNIZING PROPERTY RIGHTS TO INTELLECTUAL PROPERTY OBJECTS CREATED BY MILITARY PERSONNEL

Abstract

The article provides a comprehensive
theoretical and legal analysis of the transformation in
the mechanism for acquiring proprietary rights to
objects of intellectual property that occurred in 2025.
The study examines legislative developments,
particularly the Law of Ukraine «On Amendments to
Certain Laws of Ukraine Regarding Intellectual
Property Rights to Objects Created in Connection
with Military Service» dated August 21, 2025, No.
4585-IX, and amendments to the Civil Code of
Ukraine.
It has been established that the legislator has
introduced a mandatory model for the transfer of
proprietary rights to the state: henceforth, rights to
objects created by military personnel in connection
with the performance of official duties transfer to the
state automatically (ipso jure) at the moment of
creation. This eliminates the need for additional
alienation agreements and resolves the issue of
bureaucratic hurdles under martial law.
The author conducts an in-depth comparative
analysis of the legal nature of labor relations versus
military service relations. It is demonstrated that the
key distinction lies in the volitional aspect: whereas in
labor relations the performance of an official
assignment is based on voluntary consent
(employment contract), in military relations it
constitutes the execution of a mandatory order from a
commander under the threat of criminal liability. This
precludes the application of the presumption of joint
ownership of intellectual property objects, which is
characteristic of labor law. The article substantiates
the doctrinal approach regarding the state's original
acquisition of rights to military intellectual property
objects.
A significant conflict is identified between the
new regulation and Article 41 of the Constitution of
Ukraine regarding the restriction of a personʼs right
to possess, use, and dispose of the results of their
intellectual activity: total alienation of rights without
a legislatively established mechanism for fair
compensation creates risks of disrupting the balance
of interests and may lead to the demotivation of
personnel.
Special attention is paid to the issue of disparity
in incentivizing innovation. The study analyzes the
contrast between the strict administrative regulation
of the rights of individual military personnel and the
liberal tax and regulatory regime for legal entities that
are residents of Defence City. It is revealed that such
asymmetry of incentives may lead to an outflow of
intellectual capital from the military and the
«shadowing» of developments. The article proposes
ways to improve legislation to ensure a balance
between national security interests and the rights of
military authors.
Keywords: intellectual property, proprietary
rights, military personnel, service invention, national
security, technology transfer, fair remuneration,
Defence City.