A theoretical and empirical investigation of property rights sharing in outsourced research, development, and engineering relationships

2013 ◽  
Vol 34 (9) ◽  
pp. 1065-1085 ◽  
Author(s):  
Stephen J. Carson ◽  
George John
Keyword(s):  
Property Rights ◽  
Empirical Investigation ◽  
Research Development ◽  
Rights Sharing

scholarly journals On work-for-hire intellectual property assets created under employment agreements for conducting scientific research, development and engineering

2021 ◽  
pp. 15-26
Author(s):  
Roman Denysenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Scientific Research ◽  
Creative Work ◽  
Research Development ◽  
Legal Regime ◽  
Scientific Institution ◽  
Local Regulation ◽  
Contractual Relationships ◽  
The Creation

Keywords: subjects of contractual relationships, work-for-hire intellectual propertyassets, author, employer, property rights for work-for-hire intellectual property assets,consideration The article analyzes the legal regime of official works createdduring the performance of the contract for the performance of research or researchand development and technological work. It is proved that the subjects of contractualrelations in addition to the executor and the customer should also include the creator(author, inventor) — an employee working in a scientific institution or enterprise,whose creative work created an official object of intellectual property. At the sametime, a scientific institution (enterprise) that has hired an employee under an employmentagreement (contract) acts as an employer. Based on the analysis of the legislationin the field of intellectual property and scientific sources, the author identifiesthe features of intellectual property. The meaning of the terms «duties» and «employer's order» is investigated. It is stated that there is no definition in the legislation ofUkraine of the term «official task» and requirements for registration of official taskfor the creation of a work. The grounds for recognizing the objects of intellectual propertyrights as official are determined and analyzed. The peculiarities of the distributionof property rights to official objects between the customer, the executor and theemployee-author in the context of the legal relations that arise and accompany theperformance of contracts are considered. Various contractual constructions used inthe mechanism of division of property rights into official objects are analyzed. Proposalsare formulated aimed at improving the local regulation of the distribution of propertyrights to service facilities. Particular attention in the article is paid to the issue ofpayment of remuneration to the author of the official object. The structure of such remunerationis analyzed, sources of its payment are offered, terms of payment of suchremuneration and their legal definition. It is proposed that the contracts provide forobligations (guarantees) of the parties to «finance» the customer and pay the contractorremuneration to the author for the creation and use of the official object.

scholarly journals Prosecution of Property Rights of Intellectual Property to the Results of Works under the Contract for Research, Development and Engineering

2021 ◽  
pp. 104-110
Author(s):  
Roman Denysenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
Industrial Design ◽  
Creative Work ◽  
Research Development ◽  
Utility Model ◽  
Research Institution ◽  
The Relationship

Keywords: results of work, subjects of property rights of intellectual property, jointproperty rights of intellectual property The article deals with an issue of allocation of rights to the results ofworks that are intellectual property subject-matter, created during research or developmentand engineering works. It is considered what can be the result of works andin what form.It analyses problematic issues of the multiplicity of subjects of intellectual propertyrights to the results of work under the contract and the relationship between themon the prosecution of the joint intellectual property rights to the results of work. It isdetermined that the subjects of contractual relations of research or development andengineering works in addition to the executor and the customer should also includethe creator (author, inventor) — a specialist working in a research institution or in acompany, whose creative work resulted in the intellectual property subject-matter.Attention is drawn to the joint rights to service subject-matters created as a consequenceof labour-related duties execution.The norms of special legislation on the relationship on the use of an invention(utility model) and an industrial design, the disposal of property rights of each of theholders (owners) of a patent (certificate) are studied.Laid out in the article gives the ground for making conclusion about the need to supplementthe regulation of relations on the prosecution of the joint intellectual propertyrights to the results of work by including general provisions on the procedure for the useof intellectual property subject-matter and disposal of property rights on conditions establishedby the contract for research or development and engineering in Article 896 ofthe Civil Code of Ukraine. The author proposes to supplement Article 896 of the CivilCode of Ukraine with Chapter 3 as follows: «3. If the results of works have features ofintellectual property subject-matter, then special details of prosecution of propertyrights of intellectual property can be provided in the contract».

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