LEGAL ENTITIES AND INDIVIDUALS AS PARTICIPANTS IN LEGAL RELATIONS FOR THE CREATION AND USE OF THE OFFICIAL RESULT OF INTELLECTUAL ACTIVITY

Abstract

The purpose of this study is to substantiate the need to revise the current legislation in terms of determining the circle of participants in legal relations for the creation and use of official results of intellectual activity. Through scientific research, the creation of inventions, selection achievements and other results of intellectual activity, including official ones, the scientific and technical potential of scientists in the Russian Federation is realized. However, disputes often arise between legal entities (employers) and the creators of the result of intellectual property (employees) on the creation and use of such a result. The author examines the circle of participants in legal relations associated with the creation of a service result of intellectual activity and with its subsequent use. The characteristics of the subjects of the studied relations are given, the problem of defining the work of co-authors as joint is revealed. The conclusion is made about the need to transfer the priority in determining the subjects of legal relations to create an official creative result from the terminology used in labor law to civil law terminology. Provisions are proposed for amending modern legislation, namely: replacing the term «employee» with «author» in the norms on service RIA, and the term «employer» with «employer».