Moscow, Russia, +7(495) 232-39-68 ip@ipprolaw.com

Article 1295. The Service Work
1. Copyrights to a scientific, literary or artistic work created within the job description limits established for an employee (author) (a service work) are owned by the author.

2. The employer has an exclusive right to a service work, unless otherwise envisaged by the labour contract or another contract between the employer and the author.
If within three years of the date when a service work was given to him to be at his disposal the employer did not start to use the work or did not assign the exclusive right to it to another person or did not inform the author that the work is kept in secret, the exclusive right to the service work shall be owned by the author.
If within the term mentioned in Paragraph 2 of the present item the employer starts to use the service work or assigns the exclusive right to another person, the author shall be entitled to a fee. Also the author shall acquire the said right to a fee if the employer has decided to keep the service work in secret, and accordingly did not start to use the work within the said term. The rate of the fee, the terms and procedure for the employer to pay it out shall be defined by a contract between the employer and the employee, or by a court, in the case of a dispute.

3. If according to Item 2 of the present article the exclusive right to a service work is owned by the author the employer is entitled to use the work by the methods depending on the aim of the service assignment, and within the limits ensuing the assignment, and also to promulgate the work, except as otherwise envisaged by a contract between the employer and the employee. In this case, the author's right to use the service work by a method not depending on the aim of the service assignment, or even though by the method depending on the aim of the assignment but beyond the limits ensuing the employer's assignment is not limited.
While using a service work the employer may indicate his/its name or claim that it be indicated.

Our adress:
IPPro ltd.
17 Lobachika str.,
Office 610,
P.O. box 27,
Moscow, Russia, 107113
Phone/Fax:
+7(495) 232-39-68
+7(495) 234-08-44

Official site IPPRO.ru

E-mail: ip@ipprolaw.com, Skype ipprolaw

 


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