THE LEGISLATIVE REGULATION OF RELATIONS CONCERNING INTELLECTUAL PROPERTY OBJECTS CREATED UNDER A STATE ORDER IN THE DEFENSE-INDUSTRIAL COMPLEX: STATE AND PROSPECTS

The article analyzes the current state of legislative regulation of relations on the creation of intellectual property objects as a result of the execution of a state order in the field of the defense-industrial complex. The focus is on legislative determination to whom rights to the results of scientific research and development and technological work in the field of the defense-industrial complex will belong. The article describes the correlation of the results of scientific research and development and technological work with intellectual property objects. The conclusion is made that as a result copyright arises for the documentation compiled based on the results of such work, since copyright arises from the moment of the creation of the object, regardless of registration or other official actions. At the same time, the emergence of rights to other objects, such as: inventions, utility models, industrial designs depend on the direction and quality of these works themselves and such rights arise only by virtue of the performance of registration actions - patenting. The difference in legislative approaches to regulating the issue of using the results of scientific research, development and technological work, where the right to such using a priori belongs to the customer and the performer, and the use of intellectual property objects created as a result of these works, where the right to use a priori belongs to only one person, has been identified. Contradictions and gaps in the legislative consolidation of property rights to intellectual property objects created by state order in the field of the defense-industrial complex have been identified, which cannot be eliminated by means of interpretation of legal norms, and ways to overcome them have been proposed.

Authors

Publication Details

Journal
Scientific Notes Series Law
Published
2025-01-01
DOI
https://doi.org/10.36550/2522-9230-2025-18-72-79
Primary Topic
Technology Assessment and Management
Type
article
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article

THE LEGISLATIVE REGULATION OF RELATIONS CONCERNING INTELLECTUAL PROPERTY OBJECTS CREATED UNDER A STATE ORDER IN THE DEFENSE-INDUSTRIAL COMPLEX: STATE AND PROSPECTS

О.Yu. Chernobai
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Scientific Notes Series Law
Technology Assessment and Management
article

THE LEGISLATIVE REGULATION OF RELATIONS CONCERNING INTELLECTUAL PROPERTY OBJECTS CREATED UNDER A STATE ORDER IN THE DEFENSE-INDUSTRIAL COMPLEX: STATE AND PROSPECTS

О.Yu. Chernobai
article en

Abstract

The article analyzes the current state of legislative regulation of relations on the creation of intellectual property objects as a result of the execution of a state order in the field of the defense-industrial complex. The focus is on legislative determination to whom rights to the results of scientific research and development and technological work in the field of the defense-industrial complex will belong. The article describes the correlation of the results of scientific research and development and technological work with intellectual property objects. The conclusion is made that as a result copyright arises for the documentation compiled based on the results of such work, since copyright arises from the moment of the creation of the object, regardless of registration or other official actions. At the same time, the emergence of rights to other objects, such as: inventions, utility models, industrial designs depend on the direction and quality of these works themselves and such rights arise only by virtue of the performance of registration actions - patenting. The difference in legislative approaches to regulating the issue of using the results of scientific research, development and technological work, where the right to such using a priori belongs to the customer and the performer, and the use of intellectual property objects created as a result of these works, where the right to use a priori belongs to only one person, has been identified. Contradictions and gaps in the legislative consolidation of property rights to intellectual property objects created by state order in the field of the defense-industrial complex have been identified, which cannot be eliminated by means of interpretation of legal norms, and ways to overcome them have been proposed.

Scientific Notes Series LawVol. 1(18)
Openalex Percentile: Top 73%
Technology Assessment and Management
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THE LEGISLATIVE REGULATION OF RELATIONS CONCERNING INTELLECTUAL PROPERTY OBJECTS CREATED UNDER A STATE ORDER IN THE DEFENSE-INDUSTRIAL COMPLEX: STATE AND PROSPECTS — О.Yu. Chernobai · Scientific Notes Series Law (2025) | TGRS Research Map | TGRS