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LEGAL REGULATION OF OFFICIAL RESULTS OF INTELLECTUAL ACTIVITY IN THE RUSSIAN FEDERATION
Abstract
The article is devoted to the issues of official results of intellectual activity in the Russian Federation and its connection with labor law. In general, results of intellectual activity are regulated by the civil law; however, in case of service work, service invention, service utility model, service industrial design, service selection invention, and service topology created by the employee in the framework of its labor functions, certain issues are also regulated by the labor law. For instance, the remuneration for creation of official results of intellectual activity to the employee is to be paid by the employer under the rules of the labor law of the Russian Federation. The situation is different regarding the remuneration for the use of official results of intellectual activity which is regulated by the civil law. Due to its civil nature the right to remuneration for official results of intellectual activity may be transferred to the heirs of the employee – the author of such official results of intellectual activity.
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