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Law of Works Made for Hire

Student: Arsenia Golubenkova

Supervisor: Alexander Sergeev

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

In accordance with the statistics, half of the patent disputes are between the employee and the employer. Authors do not want to lose their rights and employers want to use patents which were created by their employees and to profit from them at the same time. Moreover, any deprivation or restriction of rights must be strictly regulated, and all inaccuracies and discrepancies should be eliminated in order to provide clear and fair legislation. In the thesis, the author examines the legal aspect of works made for hire. The first chapter explores the history of the legislative developments on the subject in the Russian Federation. It also includes a description of the legal framework within which intellectual property rights may be created. The requirements for the employee and the employer are considered. The second chapter considers the parties’ rights and obligations arising from the creation of patentable subject matter. Special attention is paid to the employee’s right to a fee. The last chapter reviews foreign legislation concerning works made for hire and its application.

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