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

Abstract

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».