GENESIS OF THE AUDIOVISUAL WORK FORMAT CATEGORY AS THE INTELLECTUAL PROPERTY LAW OBJECT

The article is devoted to the audiovisual work format category genesis (hereinafter TV format, format) in both foreign countries legislation and Ukrainian one. The basic approaches to defining this category and its elements are analyzed. Formation and development of relations related to the implementation of formats periodicized. The processes of adaptation, glocalization, globalization, which take place at different stages of the studied category formation, are covered. The world scientific community is actively supporting the idea of the format identification as one of the intellectual property law objects. The conflict arises due to the fact that politicians and legislators do not see the needs of the television business and ignore this issue. Ukrainian legislation needs changes which will have a positive effect on the television industry development. First of all, it is necessary to regulate the civil legal relations that arise between television companies, broadcasters, producers and other television industry subjects. It is important to reinforce the concept of a complex intellectual property right. This will help to determine the format category in intellectual property law. The format is a multilayered object and includes several intellectual outputs that appear both in its copyrighted and non-copyrighted elements. Applying different legal regimes to each component of the TV format in practice creates confusion and controversy. There is an urgent need to consider the format as a one complex entity and to apply uniform protection to the product. The author defines the elements of the format, the proposals on the foreign experience usage in Ukraine while regulating format in the legal relations. In conclusion, it is written that the format needs to be legally defined as a complex intellectual property law object.