IF THE COPYRIGHT HOLDER IS NOT THE INVENTOR, OR HOW TO PROTECT THE RIGHTS OF AN EMPLOYEE (AUTHOR) FROM THE ACTIONS OF AN UNSCRUPULOUS EMPLOYER

Abstract

The purpose of the article is to study the problem of unfair behavior of employers (copyright holders of official inventions), due to the desire to circumvent the law and evade the obligation to pay royalties for the created results of intellectual activity. The list of tasks solved in the study consisted in identifying the legal essence of official inventions, considering the main legal issues related to the realization of the right to remuneration for their creation, studying the problem of unfair behavior of employers (copyright holders) who do not have intentions to pay remuneration to employees (inventors), as well as finding a solution to this problem. Based on the emerging practice of the intellectual property court, which is based on the principle of estoppel, the article demonstrates the current legal mechanism to suppress inconsistent, contradictory behavior of employers, and also proves the imperfection of certain provisions of civil law on the creation and use of official objects of patent law.

The result of the study is the general conclusion that in the context of unprecedented sanctions pressure on the Russian Federation, when the country is in dire need of import substitution, the problem of achieving a legal balance between employees and employers on issues related to official objects of intellectual rights should not be solved with the help of an additional burden on the courts, but by specifying the provisions of paragraph 4 chap. 72 of the Civil Code of the Russian Federation.