ILLEGAL TRANSFER OF INTANGIBLE ASSETS IN COMMERCIAL COMPANIES: LEGAL MECHANISMS AND PROTECTIVE MEASURES

Аннотация

The illegal transfer of intangible assets in commercial companies constitutes a complex and increasingly significant legal issue in modern corporate practice. In the digital and innovation-driven economy, intangible assets—such as intellectual property rights, trade secrets, proprietary software, databases, brand value, and contractual rights—often represent the core value and competitive advantage of a business entity. Unlike tangible property, these assets are more vulnerable to unauthorized use, concealed transfer, and cross-border misappropriation, which complicates detection and enforcement. This article analyzes the legal nature and classification of intangible assets within commercial companies and examines the most common forms of unlawful transfer, including unauthorized assignment by corporate officers, fraudulent conveyance, breach of fiduciary duties, and misappropriation of confidential information.

Particular attention is devoted to the legal mechanisms available for preventing and remedying such violations, including corporate governance controls, contractual safeguards, registration systems, civil liability measures, and criminal sanctions.

The study further explores comparative and international dimensions of asset protection, emphasizing the challenges posed by globalization and digitalization. The article concludes that effective protection of intangible assets requires a comprehensive compliance framework integrating internal corporate procedures, regulatory oversight, and judicial enforcement.

Strengthening legal safeguards in this area is essential to maintaining corporate integrity, protecting shareholders’ and creditors’ interests, and ensuring sustainable economic development.