Osypova Iu. Some questions about intellectual property rights owners of objects of intellectual property rights, created in higher educational establishments of Ukraine by their employees

Abstract

The article deals with the questions of determination of intellectual property rights (further – IP rights) owners of objects of IP rights, created in higher educational establishments of Ukraine(further – Universities) by their employees. First of all, the problem of determination of a person, who is the employer of the employees and leaders of Universities is investigated. The indicated problem is predefined a terminology imbalance, which existing between provision of legislation in the field of intellectual property and provision of labour, educational legislation in part of determination that, who is the another, than employee, party of a labour contract (directly legal entity or its owner, or body, authorized by the owner) and accordingly is a potential IP rights owner of employee-created objects of IP rights, including objects of IP rights, created in the Universities by their employees. Secondly, in the article is examined the question of possibility of the state, the Autonomous republic Crimea, territorial community to be a IP rights owner of objects of IP rights, created in state and municipal Universities and in Universities, owned by the Autonomous republic Crimea, (further together – public Universities) by their employees, in case when the state, the Autonomous republic Crimea, territorial community are property owner of public Universities. On the basis of the got results identified the circle of employers of the employees and leaders of Universities. In addition, identified which of these individuals may be IP rights owners of objects of IP rights, created in Universities by their employees. Also found that the state, the Autonomous republic Crimea, territorial community cannot be IP rights owners of objects of IP rights, created in Universities by their employees, even by means that these individuals are the property owner of public Universities. Also changes to Article 21 of the Labour Code of Ukraine and to the Law of Ukraine"On Higher Education" are proposed.