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

A. A. Ishchenko (), A. Kh. Trofimova, A. A. Kroviakova, I. A. Ishchenko and A. B. Sokolova
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A. A. Ishchenko: All-Russia Society of Inventors and Rationalizatiors (VOIR), Moscow, Russia
A. Kh. Trofimova: Moscow State University of Technology, Moscow, Russia
A. A. Kroviakova: FINCOM Group, Moscow, Russia
I. A. Ishchenko: Lomonosov Moscow State University, Moscow, Russia
A. B. Sokolova: Kutafin Moscow State Law University, Moscow, Russia

Science Governance and Scientometrics Journal, 2022, vol. 17, issue 1, 37-66

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 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:akt:journl:v:17:y:2022:i:1:p:37-66

DOI: 10.33873/2686-6706.2022.17-1.37-66

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