Abstract [eng] |
Legal Peculiarities of the Usage of the Results of Intellectual Activity of Employees In many states, including Lithuania, the legislator sets forth that the results of intellectual activity created by employees while working under the employment contract pass to the employer; however, this does not solve all theoretical and practical problems arising due to the employer’s right to use the intellectual property objects created by employees under employment relationship. Thus, the present paper presents a coherent and systematic analysis of legal peculiarities of the usage of intellectual property objects created by employees, focusing on the status of the employer as an entity having copyright and patents, as well as on discussion of the restrictions on the conditions and rights of the usage of intellectual property objects that have been passed to the employer. The present paper investigates international and regional laws, i.e. of the European Union and national ones. Most attention is paid to the analysis of special Lithuanian laws governing the legal peculiarities of the usage of the results of intellectual activity created by employees – i.e. Law on Copyrights and Related Rights of the Republic of Lithuania, the Patent Law of the Republic of Lithuania, Law on Science and Studies of the Republic of Lithuania. In addition, the works of recognised scholars of law as well as Lithuanian and foreign case law are analysed. |