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Legal Issues of Arising, Exercising and Protection of Rights to the Work-Related Results of Intellectual Activity in the Field of Information Technologies

ФИО студента: Aleksey Vikharev

Руководитель: Nikita Ivanov

Кампус/факультет: School of Law

Программа: Civil Law and Commercial Law (Master)

Год защиты: 2021

The current work is aimed at research of the features of legal regime of intellectual activity results on the example of the field of information technologies. In particular, the work examines approaches of the Russian and the American court practices in relation to the emergence of work-related character in objects created by an employee, analyzes the features of creating such objects with consideration of the activity of the chosen field (creating of the work within the non-working hours, creating the work by an employee in senior administrative position), as well as to fixation and transferring such result to an employer and to existence of several rights of employees. The author proposes a number of changes to the existing approach of court practice with criticizing the excessively formal approach of the courts in determining the work-related nature of the result created by an employee, indicating possible guidelines for considering new disputes. The author also suggests adjusting certain provisions on work-related objects to maintain a balance of interests between the parties to the employment relations. Key words: work-related results of intellectual activity, work made for hire, trade secret made for hire, the right to remuneration, information technologies.

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