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Title of Article

THE REGULATIONS OF FOREIGN LEGISLATION ON THE RESULTS OF EMPLOYEES’ INTELLECTUAL ACTIVITIES AND THE POSSIBILITY OF THEIR RECEPTION IN THE RUSSIAN CIVIL LAW


Issue
4
Date
2017

Article type
scientific article
UDC
347
Pages
114-121
Keywords
 


Authors
Nikulina O.V.
Rossiyskaya akademiya narodnogo khozyaystva i gosudarstvennoy sluzhby pri Prezidente Rossiyskoy Federatsii


Abstract
The purpose of this study is to provide a comprehensive analysis of the legal status of employers and employees in legal relations involving the creation and use of service results of intellectual activities in foreign countries. In our research, we applied such methods as analysis, synthesis, induction, deduction, generalization, classification, as well as formal-legal, comparative-legal and some other methods. The results of the analysis of foreign legislation norms pertaining to the performance of intellectual activities are presented. Comparative characteristics of domestic and foreign law in this field are given. Based on the materials studied, the prospects for improving the provisions of domestic legislation in the field of regulation of relations involving the creation of intellectual property results by employees and their further use are outlined. We argue that it is necessary to borrow and introduce into domestic legislation the rules of regulation contained in foreign sources of law, namely: the provisions concerning the notification of the employer about the creation of intellectual activity results, as well as the norms according to which the author and his heirs are entitled to receive a monetary reward for the use of the service result in the cases stipulated by the contract between the employer and the author.

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