Договор заказа на создание произведения: понятие и признаки

Abstract

The subject of research in the scientific article is the regulatory legal acts of the Russian Federation, regulating the provisions of the contract for the creation of works, much attention was paid to the Civil Code of the Russian Federation, as well as the judicial practice of the Intellectual Property Rights Court. Research methods are scientific methods of cognition of social phenomena and processes. In particular, general and specific scientific methods of cognition were used as the main methods. Most of the scientific article was written using the comparative legal method of cognition. Within the framework of the general scientific method of cognition, the methods of systemic and complex analysis were used. The scientific article explores the provisions concerning the order agreement, considers the main features, essential conditions, subject and subject composition. All signs and essential conditions are highlighted thanks to the comparative legal analysis of the order agreement and the author's order agreement. The problems of payment of remuneration for the creation of a work under an order agreement are considered. On the basis of the study, the concept of an order agreement was formulated, since the current legislation does not currently contain a definition of the institution in question. The results obtained can be further used to eliminate gaps in the current legislation concerning the institution of an order for the creation of works.