The features of the mechanism of legal regulation of the creation and use of intellectual property objects in labor relations

Abstract

The article is devoted to clarifying the characteristic features of the mechanism of legal regulation of the creation and use of intellectual property objects in labor relations. It is established that this mechanism is a multi-valued phenomenon, characterized by significant socio-legal significance and consisting of a system of mutually agreed-upon elements (legal instruments and methods of their application). The purpose of this regulatory structure is to create two critical conditions within the framework of normative activity. First, requirements for the proper emergence, flow, and termination of relations will be developed, with the purpose of labor law and intellectual property rights thoroughly objectified. Secondly, the creation of conditions under which the legitimate interests of the employee, employer, and society will be satisfied (in the context of the creation and/or use of intellectual property objects). The mechanism of legal regulation of the creation and use of intellectual property objects in labor relations is based on a special regulatory framework. This framework ensures that this mechanism operates in accordance with legal rules. At the same time, the effect of the mechanism under consideration is manifested only in the activities of the subjects of normative activity, the structure of which is determined by the levels of norm-making in the field of labor and employment (central, municipal, and local levels). This article argues that the legal regulation of the creation and use of intellectual property objects within labor relations incorporates the existing conflict of legitimate interests among various subjects. Mainly, this mechanism takes into account the conflict of legitimate interests between the employee and the employer. It also takes into account the conflict between the legitimate interests of the creator of the intellectual property object and society. In the conclusions to the article, it is noted that the signs of the mechanism of legal regulation of the creation and use of intellectual property objects in labor relations indicate that it is advisable to comprehend this phenomenon in two contexts: in the static aspect (as a system of legal instruments, methods, and methods of their application); in the dynamic aspect (as the process of using these tools in standard-setting activities).