Implementation of the Principle of Dualism in Intellectual Property Law on the Example of the Copyright Contract

Abstract

The relevance of the conducted research is due to the presence of a number of factual contradictions between the position of the courts in considering the issues of exclusive rights to works created during the execution under the contract of copyright with the rules of law contained in the civil legislation of the Russian Federation. The proposed issues are examined from the point of view of copyright and civil law, legal acts of foreign countries, judicial practice of the Russian Federation and foreign courts. The analysis of examples from judicial practice is given as a substantiation of legislative consolidation of the principle. This article reveals the author's view of the principle of duality of intellectual property law as an independent principle of a sub-branch of civil law and its implementation in the contract of copyright. Principles of law are defined by the author as its guiding principles that define the rules of law in the system of legal regulation, its content and direction. The purpose of the study is determined by the title and content of the work: the essential characteristics of the principle of duality of intellectual property rights, including the implementation of contractual relations in the performance of the author's order are considered. The totality of general scientific, special legal methods of knowledge is used: thanks to the analysis and synthesis the approaches to the proposed topic are generalized and conclusions are made. The principle of duality of intellectual property is considered as a fundamental idea of law, neglecting the account of which entails a violation of rights and freedoms and has legal consequences. Recommendations on the legislative consolidation of the mandatory written form of the copyright contract and the contract of alienation of exclusive rights in its continuation are given.