Transfer to the university of intellectual property rights belonging to students and employees

Often, the exclusive rights to the intellectual property objects of students and university employees belong to the authors, but there is a need to transfer all or part of the rights to the university. The article examines various cases of transfer to the university of intellectual property rights belonging to students and employees. The grounds for the emergence of the university's rights to the intellectual property objects are described. The recommended sequence, content and features of the implementation of actions for the analysis and decision-making on the acquisition and assignment to the university of intellectual property rights that have the possibility of commercialization or use in their own activities, created by students, as well as employees not within the framework of performing a labor function and not on the specific assignment from the university, or employee intellectual property, exclusive the rights to which belong to the authors.

Keywords: intellectual property, author, employee, university, disposal of exclusive rights.

References

  1. The Civil Code of the Russian Federation (Part four) of 12/18/2006.
  2. Whether, by agreement of an employee and an employer, remuneration to an author-employee for an official object of patent rights can be paid on a one-time basis and at a time//Lawyer of the company: electron. journal 2019. https://www.law.ru/question/114090-mojet-li-po-soglasheniyu-rabotnika-i-rabotodatelya-voznagrajdenie-avtoru-rabotniku-za?ysclid=lq3pm8v29w429858796.
  3. Labor Code of the Russian Federation dated 12/30/2001 № 197-FZ.
  4. Recommendations on the management of intellectual property rights in organizations (approved by the Ministry of Economic Development of the Russian Federation on October 3, 2017).
  5. Decree of the Government of the Russian Federation dated November 16, 2020 № 1848.

Authors