The Features of the Legal Regulation of the Empoyees' Intellectual Property Rights

The current project explores the issues, which concern the intellectual property rights that appear during the creation and use of service results of the workers. The major objective of the study was to develop a comprehensive understanding of the existing features on the legal regulation of objects under copyright and patent law in Russia, as well as to investigate and analyze which concepts and doctrines prevail in the international regulation on a given topic, including an assessment of whether it is possible to recognize some of the examined provisions into Russian law. In order to achieve this goal, the author has attempted to analyze the relationship between civil and labor rights in accordance with the service results of intellectual activity of workers, its concept and features. In addition, the exclusive and personal non-property rights of both employees (including co-authors) and employers were deeply investigated. During the analysis of foreign legislation and foreign judicial practice, the American, Continental and Asian doctrines were examined, and as a result, it was concluded that one of the doctrines was very similar to the Russian one. A profound evaluation of the regulatory framework and literature has led to the conclusion that today the legislation on the intellectual property of workers should be modernized, it is essential to find new, more flexible structures according to which there will be a better balance between the interests of the employee and the employer. The imperfection of the legislative technique leads to a violation of the rights of workers, although reverse situations are not uncommon. It is necessary to improve the provisions concerning the issue of who can be the creator of copyright and patent law service objects, how to calculate and fix the author's remuneration and the right to inherit it, some issues of co-authorship, in particular, a situation where one of the co-authors is not an employee under an employment contract.