Intellectual property rights to the research results of a Ukrainian scientist working abroad and foreign scientists, working in Ukraine

Abstract

Keywords: protection of intellectual property, researcher, international scientific cooperation,research, work abroad
 The practice of universities and scientific organizations in the EU, the USA, the documents ofthe EU Framework Programs for Research and Innovation, WIPO on the regulation ofintellectual property rights on inventions and other objects used or created by a researchertemporarily working in another scientific organization or university, includingabroad is considered. It is noted that, as a rule, institutions apply two approaches: determiningthe specifics of the researcher's stay in the partner institution in the cooperationagreement. And also, in the case of individual grants, scholarships, the definition of theterms of settlement of IP rights in the IP policy of the institution and the contract withthe researcher. In cooperation agreements, it is essential to define the background IPused during research, as well as the conditions for acquiring rights to foreground IP, includingthose created jointly by the parties.In the case of individual grants, scholarships, it is relevant to determine whether duringthe research it is intended to use background IP, the rights to which belong to the researcher'sinstitution. If so, this provides for the need to conclude an agreement betweenthe host institution and the institution of the researcher on the use of the background.Depending on the degree of use of background IP by the institutions of the researcherand the financial contribution or provision of equipment at the host institution, the issueof distribution of IP rights to foreground IP should be envisaged in such an agreement.In the case of the researcher's obligations to preserve confidential information abouthis institution, the host institution must make sure that such confidential information isnot used when conducting research. In the event that such use may be necessary, thehost institution and the researcher institution should enter into a non-disclosure agreement.The article provides recommendations of the Center for Intellectual Property Studiesand Technology Transfer of the National Academy of Sciences of Ukraine regarding thesettlement of IP protection issues in various options for a researcher, visiting foreign scientificinstitution (university). Academic mobility provided for by Ukrainian legislationcan also be a tool for the settlement of these issues, with the possibility of regulation of IPissues in agreement between partner institutions and contract with the researcher.