INTELLECTUAL PROPERTY RIGHTS IN WORKS CREATED IN THE COURSE OF MILITARY SERVICE

Abstract

The article examines the legal regime of intellectual property created by military personnel in connection with the performance of their service duties in the context of martial law and ongoing legislative reform in Ukraine. It is argued that the long-standing absence of specific legal regulation in the field of defense-related intellectual property has led to legal uncertainty, conflicts between stakeholders, and has significantly hindered the development of innovative activities within the Armed Forces of Ukraine. The study analyzes the legislative changes introduced in 2025, which are aimed at regulating the distribution of economic and moral rights to intellectual property objects created by military personnel. Particular attention is paid to defining the role of the state as the primary holder of economic rights, while preserving the authors’ moral rights. The relationship between creative activity and official duties is also examined, emphasizing that creativity cannot be compulsory within military service and must instead be encouraged through appropriate voluntary incentives.The article outlines the procedures for acquiring rights, mechanisms of legal protection, and the prospects for classifying intellectual property rights as a category of military property, as well as for developing public-private partnerships in the field of defense technologies. It is concluded that the legislative changes represent an important step toward building a modern military-tech system in Ukraine. However, they require further improvement, particularly in terms of effective incentive mechanisms, clear rules for determining remuneration, and ensuring a proper balance between public interests and the rights of military personnel as authors.