Zaitseva E.V., Molchanov A.A. The Scope of Patent Rights for Service Inventions, Service Utility Models, Service Industrial Designs
DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.25
Elizaveta V. Zaitseva, Postgraduate Student, Department of Civil Law and Civil Procedure, Saint Petersburg University of the Ministry of Internal Affairs of Russia, Letchika Pilyutova St, 1, 198206 Saint Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-8138-1647
Alexander A. Molchanov, Doctor of Sciences (Jurisprudence), Professor, Department of Civil Law and Civil Procedure, Saint Petersburg University of the Ministry of Internal Affairs of Russia, Letchika Pilyutova St, 1, 198206 Saint Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0790-7564
Introduction: the paper considers the study of the specifics of patent rights for official results of intellectual activity in the scientific, technical, artistic, and design spheres. Methods: the methodological framework for the research is the dialectical method of cognition, as well as such general scientific methods as analysis, synthesis, induction, and deduction. Among the specific scientific research methods, comparative-legal, normative and dogmatic methods are used. Results: the study analyzes the features of patent rights for service inventions, service utility models, service industrial designs, as guarantees provided by the state for the performance of legally significant actions concerning these objects. The list of patent rights for service developments, their main characteristics is defined. Special attention is paid to the personal non-property rights of the author; the current legislation and the opinions of civilists on the scope of the right to a name are analyzed. Conclusions: it is established that the issue of ownership of the right to the name of the author of the invention, utility model, and industrial design is not regulated at the legislative level, which may entail the infringement of legal authorities exercised by the author of official decisions. As a result of the study, the legislative consolidation of the right to a name in the list of patent rights is proposed, as an absolute subjective legal authority of the author of an invention, utility model, industrial design, whose scope should be considered equally as a legally secured opportunity for the author to require the indication of his name, and the ability to remain anonymous in publications about the protected decision.
Key words: patent rights, service inventions, service utility models, service industrial designs, exclusive right, right to name, author, employer.
Citation. Zaitseva E.V., Molchanov A.A. The Scope of Patent Rights for Service Inventions, Service Utility Models, Service Industrial Designs. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 1, pp. 171-177. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.25
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