| Abstract [eng] |
According to the fact, that employee‘s intellectual performance prompts two types of legal principles and values, having in mind intellectual property and employment law, the Master‘s thesis aim is to reveal and identify the content of intellectual property and its liaison with employment issues. Therefore, this work investigates the concept of mental, intellectual activity, the scope of protection of the performance results, as well as specificity of moral and proprietary rights. The first part prescribes the conception of intellectual property, analyzes the meaning and extent of intellectual performance results, what objects can be recognized as results and what objects cannot be recognized as such. Moreover, this part provides the examples and distinguishes the theoretical classification of results. The second part reveals the features of moral and proprietary rights and discloses the nature of those rights. The usage of results and how it is comprehensible in the context of employment law is also significant subject of exploration. This part analyzes whether moral right could be waived, under what conditions the employee can assign or grant the employer various exploitation rights and what is the extent of transferred rights. Therefore the main focus is on statutory rules and issue regulations in Lithuanian jurisdiction, either German, United Kingdom and France legal framework. The last part or the work is devoted to review case law in Lithuania and hereby to explore the adaptability of statutory rules in practice as well as to get the vision, what legal queries arise in the context of employee’s intellectual performance results usage. |
