Features of Legal Regulation of the Results of Intellectual Activity of Workers: Theoretical and Practical Aspects

The normative regulation of relations in the field of objects of intellectual activity created by employees, according to domestic legislation, needs further improvement in the key of optimizing intersectoral relations between labor and civil legislation. According to various organizations, including foreign ones, more than 80% of the results of intellectual activity are created within the framework of labor legal relations. Thus, the problem of ensuring and protecting the intellectual rights of workers is of particular interest. One of the areas of intersection of the subjects of regulation and scientific research of labor and civil law is the legal mediation of the results of intellectual activity: official works, inventions, utility models, industrial designs, official trade secrets. Ultimately, we are talking about the intellectual rights of workers. With the adoption of part 4 of the Civil Code, intellectual rights acquired an exclusively civil law nature. Meanwhile, the legal regulation of intellectual property should be attributed to the sphere of complex regulation, which includes the norms not only of civil law, but also in a significant part of administrative law, and in relation to official results of intellectual activity - also labor law.