Intellectual pro perty rights for a work created in connection with the performance of an employment contract

Abstract

Copyright law protects a work after it has been created and given an objective form. The general rule is that copyright belongs to the author who created the work. However, there are exceptions to this general rule. In particular, in the case of creation of a work by the author in accordance with official duties. If the employer assigns the employee the task of creating a work in the course of work, he is considered the owner of property rights to such a work protected by copyright. It has been established that the complex of rights to service objects of intellectual property law is unique in the sense that it consists on the one hand of exclusive and non-exclusive property rights to objects of intellectual property, expressly specified in the legislation, which refer to all relevant objects objects, and on the other hand - from specific rights and obligations provided by special legislation in the field of intellectual property exclusively for service objects. At the same time, the second group of rights and responsibilities are not intellectual property rights in their classical sense, but procedural norms that establish the procedure for the actions of the parties to the legal relationship in the event of the creation of an official object.