Legal instruments of distribution of rights to the results of intellectual activity

Slakaev Alexander Sergeevich

In the author's study, the legal instruments of distribution of rights to the results of intellectual activity are considered, the analysis of the provisions of paragraph 2 of article 1229 of the civil code is carried out. The author comes to the conclusion that it is necessary to return to the issue of more detailed legislative regulation of joint ownership and "finally legalize" the design of the share in the exclusive right. On the basis of the analysis carried out in the article, the author proposes to fix the provisions concerning the possibility of a share in the exclusive right on the basis of various types of contracts and transactions. In addition, the author also proposes at the legislative level to secure the preferential right of owners to acquire a share in the case of its alienation and cases of prohibition of alienation. These proposals are caused by the fact that the specificity of the object of legal regulation in the field of intellectual rights dictates the need to change and legal instruments used for the distribution of rights to the results of intellectual activity, since the direct application of all General civil rules, despite their General absolute and property nature, is not suitable for the regulation of In this regard, in addition to the adaptation of existing legal institutions, the creation of new types of contracts and the invention of specific tools that are used only in relation to the results of intellectual activity, not to mention the specific mechanisms of registration of the facts of joint ownership is required.

Keywords:Plurality of persons, joint ownership, disposal of exclusive rights.