The legal nature of the agreement on the official nature of the technical solution created by the employee

Abstract

In this article, the author conducts a study of the legal nature of the agreement between the employee and the employer on the rights to technical solutions, created by the employee within the framework of labor functions. Absence of comprehensive legislation of legal relations between the employee and the employer concerning potential objects of patent law created by the employee, and absence of unitized scientific approach about the nature of the agreement between them negatively influence the process of administration of the law. The analysis of the court practice conducted by the author allows us to understand that in most cases the employer and the employee who created the patentable technical solution do not have a legally formalized agreement. This implication mat lead to conflict situations between the parties, that can negatively affect the stability of stream of commerce. The author concludes that such situations are a consequence of the ambiguity of the legal nature of the agreement (contractual terms) on the procedure for creating patentable technical solutions by an employee and determination of its legal status. From a practical point of view, the existing uncertainty leads to difficulties for both parties to the employment contract in determining the form and content of the document in which the relevant arrangement should be enshrined. In this article the author, examineting the legal nature of the agreement between the employee and the employer, regulating their legal relations concerning the official objects of patent law, finds additional arguments in support of the concept of interbranch nature of regulation of the institute of official objects of patent law.