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ISSN: 2686-6706 (Print)
ISSN: 2686-6714 (Online)
Subscription index (Russian Post Company): ПН633
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Dear authors and readers! Starting from the issue 2, 2019 the name of the scientific journal has been changed. The new name of the journal is "Science Governance and Scientometrics". From 2020 Science Governance and Scientometrics has been included in the VAK (Higher Attestation Commission List.
ISSN: 2686-6706 (Print)
ISSN: 2686-6714 (Online)
Subscription index (Russian Post Company): ПН633
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Upravleniye naukoy i naukometriya
scientific journal
Dear authors and readers! Starting from the issue 2, 2019 the name of the scientific journal has been changed. The new name of the journal is "Science Governance and Scientometrics". From 2020 Science Governance and Scientometrics has been included in the VAK (Higher Attestation Commission List.

Volume 17, issue 1/2022

Focus and scope: The Law in Science

Legal Aspects and Balance Between the Interests of the Employer and the Author in Motivating Inventors

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Abstract

Introduction. The article examines legal aspects related to stimulating and motivating the activities of inventors in Russia, the creation and use of official inventions and other objects of intellectual property. Methods. Analysis, synthesis, systematic approach, comparative legal, historical, linguistic and systematic methods of interpretation of the law were applied in the process of work. Results and Discussion. The conducted research allows us to conclude that the legal regulation is incomplete. On this basis, a number of changes and additions to the regulatory legal framework are proposed, which should contribute to the creation of the most favourable conditions for motivation to the creative work of inventors and other authors of official results of intellectual activity. It is proposed to develop draft regulations of the Russian Federation on the development of invention and art and design creativity, on additional measures to stimulate Russian inventors and increase their social status; to amend the Labour Code of the Russian Federation, fixing the need to reflect in labour contracts the possibility of creating official intellectual property during the performance of labour functions; to establish rules for payment of royalties for an official computer program or an official production secret; to create the institution of the Presidential Commissioner for the Protection of Inventors' Rights and Commissioners for the Protection of Inventors' Rights in the constituent entities of the Russian Federation; to provide benefits to technological entrepreneurs; and to introduce new financial instruments to support inventive activities. Conclusion. The materials collected as a result of the study allow assessing the existing regulatory framework in the system of material motivation of inventors.

Keywords

Intellectual property, employee inventions, inventors, innovators, royalties, motivation

Information about the authors

Alfiya Kh. Trofimova, Cand.Sci. (Law), Leturer, Moscow State University of Technology (1 Vadkovskiy Pereulok, 127055 Moscow, Russia). Her research interests include intellectual property law.

Anton A. Ishchenko, Cand.Sci. (Economics), Dean of the Central Council, All-Russia Society of Inventors and Rationalizatiors (24/1 Berezhkovskaya Naberezhnaya, Moscow 105122, Russia), ORCID: https://orcid.org/0000-0003-0983-1997. His research interests include innovation, investments, commercialisation of intellectual property, inventions, rationalisation activities, technology transfer, state innovation policy, scientific and technological non-profit organisations, export of rights to intellectual property, unified regulator in the field of intellectual property, economics of innovation.

Anna A. Kroviakova, Managing Partner, FINCOM Group (20-a/3-6 Novinskiy Bulvar, Moscow 121069, Russia).

Ilya A. Ishchenko, Bachelor of Laws, Lomonosov Moscow State University (1/13 Leninskiye Gory, Moscow 119991, Russia), ORCID: https://orcid.org/0000-0001-6710-8962.

Anastasia B. Sokolova, Bachelor of Business Laws, Kutafin Moscow State Law University (9 Sadovaya-Kudrinskaya St., Moscow 123001, Russia).

Authors’ contribution:

A. Kh. Trofimova — review of resolutions of the Plenum of the Supreme Court of the Russian Federation, resolutions of the Plenum of the Supreme Arbitration Court of the Russian Federation, rulings of the Constitutional Court of the Russian Federation, laws of the USSR on invention, formation of a legal position on the need to adopt regulations of the Russian Federation on the development of invention and artistic and design creativity, on additional measures to stimulate Russian inventors and increase their social status;

A. A. Ishchenko — general management of the team of authors, the development of a system of measures to increase motivation to engage in inventive activity, moral and material incentives for the authors of official RIA, the history of the formation of legislation on support for invention in the USSR, the motivation of authors abroad, a review of the positions of Russian ministries and departments on key aspects of the study;

A. A. Kroviakova — analysis of the labour legislation in terms of relations between the employer and the author of official RIA, the formation of proposals for amending the Labour Code in terms of increasing the level of protection of the author's rights, taking into account the interests of the employer;

I. A. Ishchenko — analysis of court practice in disputes between employers and authors of official RIA;

A. B. Sokolova — formation of a proposal to expand the list of official RIA, the procedure for payment of remuneration for the creation and use of which should be regulated by the Government of the Russian Federation, argumentation for the acceptability of introducing a minimum amount of payments to authors for corporate employers.

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