Nikulina O.V. Legal Regime of the Results of Intellectual Activity of Workers of Organizations in the Russian Federation

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.17

Olga V. Nikulina

Postgraduate Student, the Department of Civil Law Disciplines, Volgograd Institute of Management - the Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the relevance of the topic is determined by the need to develop recommendations for the application of existing legislation, as well as the adoption of legal norms that are in line with current realities and take into account the development trends of relations. The development of institutions of official works, inventions in the Russian Federation does not stop to this day. There is a need for solving new tasks, specifying and detailing the norms of law. Legal regulation in the sphere of creation and use of official results of intellectual activity is not balanced, the lack of uniformity in law enforcement practice causes many problems. The purpose of the research is to disclose the concept of an official result of an activity, as well as the grounds for the emergence of a legal regime for the service result of intellectual activity. Methods are applied in aggregate methods of scientific cognition, among which the main ones are the methods of historicism, system, analysis and comparative-legal. Results: the necessity of providing legal protection to the project of the service object of intellectual property is justified. Granting legal protection to the “project” of the service result of intellectual activity and securing the rights of the employee and employer would enable them to meet the interests of both parties. This will help overcome this gap in the legal regulation of legal relationships to create and use official creative result. The definition of the service result of intellectual activity is proposed. The service result of intellectual activity should be defined as the object of intellectual rights, protected by law, that meets the criterion of applicability in the sphere of activity of the employer, as created by the performance of work (service) duties, as well as the specific task of the employer by the author-participant in labor (service) relations. Conclusions: it is necessary to build norms on the performance of intellectual activity in a single system. The Civil Code of the Russian Federation should contain general provisions that fix the concept of an official object of intellectual property.

Keywords: service work, service invention, service selection achievement, service secret of production, exclusive right, patent, examination of applications for invention, contract of author’s order.

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