Service invention, service utility model, service industrial design: approaches to practical work

Abstract

The creation by an employee of a technical solution that meets the criteria of patentability, in the course of employment or fulfillment of obligations under a civil contract, is the basis for paying him remuneration for the development of an official result of intellectual activity. The regulation of these legal relations does not resolve many issues related to the notification of the creation of such objects, the procedure for the proper drafting of contractual structures, in order to reduce the risks of the parties. Also, the problems related to the method of assigning and calculating the amounts of remuneration to the authors of the official results of intellectual activity that meet the criteria of patentability have not been fully resolved. This study examines the elements of the legal composition, the occurrence of which is the basis of the creator's right to pay remuneration by his employer.