PUBLIC LICENSES FOR INTELLECTUAL PROPERTY OBJECTS IN UKRAINE: LEGAL NATURE AND PROSPECTS FOR APPLICATION IN THE ONLINE ENVIRONMENT

Abstract

The rapid development of the Internet and digital technologies has significantly changed the process of creating and distributing intellectual property. This has necessitated a comprehensive study of public licensing models that provide legal access to intellectual works in the online space. This article examines the growing importance of alternative licensing systems that effectively combine copyright with public access in the digital age. The purpose of this article is to analyse the legal nature and practical application of public licences for intellectual property on the Internet, focusing on their effectiveness in different legal systems and their role in promoting innovation and knowledge dissemination. The main objectives of the study are to analyse the regulations governing public licences, identify legal difficulties in their implementation, identify different models of public licences and their development in Ukraine (in particular, Creative Commons, GNU GPL and others), and provide recommendations for harmonising public licensing practices with the current intellectual property legislation. Both general scientific and legal methods are used in the research process. General scientific methods include methods of analysis and synthesis, induction and deduction, as well as a systematic and structural approach. Special legal methods include formal legal analysis, comparative legal research of different jurisdictions, historical and legal methods to study changes in licensing models, and legal modelling to develop recommendations. The methodology also includes an empirical analysis of licensing practice in Ukraine.  Results. It is worth noting that the study has revealed differences in the legal recognition and enforcement of public licences in Ukraine, highlighting the main problems of their implementation and emphasising the growing importance of these licences for facilitating access to intellectual property results. The findings of the study highlight the need for greater legal certainty regarding the validity and enforceability of public licences in different legal systems. In addition, the results show that public licensing systems significantly reduce transaction costs for both creators and users, and foster innovation by complementing traditional intellectual property protection mechanisms. This study enriches scientific discourse by offering a comprehensive analysis of public licensing in the digital environment. It opens new perspectives on the interaction between traditional intellectual property frameworks and modern licensing models. The results of the study provide practical recommendations for lawyers, policy makers and content creators working in the context of intellectual property licensing in the digital age.