Intellectual property the employer did not get
Offer type: servicesPublished: 13.03.2013
| Seller: |  Fokin FINAS Vasil'evich |
| Phones: |  8(495)9721169 Show phone |
| Address: | Russian Federation, Moskovskaya Oblast', Moscow |
At the safer Internet Forum (2013) we talked with the Manager of the project "WEB IRELAND from the Country's best children's resources", presented itself to him - standards development series, "Intellectual property and innovation" and the coordinator of the organizational and methodological support centers holders in the System of professional management of intellectual property and quality management of intellectual assets of business entities according to the standard STO.9001-08-2012.
The interlocutor says, you do not understand - a software package for network service created three of us, and the site only copyright RGDB about us (the creators) even references there. I tried to argue, we, the authors, and without us nothing would have happened, and the Director General said that the rightholder he and our opinion does not interest him - it turns out the rights of one who has more rights?
Indeed, under the legal standard of article 1295 of the RF civil code "the exclusive right of an employee's work belongs to the employer if the employment or other agreement between the employer and the author provides otherwise"... but is it of concern to You personally? intellectual property is still the employer usually doesn't, and Your case is no exception.
Got excited by Your employer - the Internet, though he is safe, but a time bomb Your Director for itself already laid. If this copyright will be proof of the assignment by the employer of Your intellectual property rights. He can inflate his cheeks and say anything, but if:
- implementation of intellectual activity was not included in the employment contract of the employee or such, and wages "converted";
- does not form a utility job, report officials on completion and the results of intellectual activity (RIA);
- for the implementation of intellectual activity have not used the resources of the employer (well, at least "carnation"), or it is documented cannot be substantiated;
- there is no specification REID (they are "amorphous" and do not understand the essence of what it is, complete and objective form and duly executed documents evidencing the grant REED legal protection in accordance with the species of intellectual property;
- no copyright certificate, i.e., there is no documentary confirmation toiletries intellectual property rights to the individual under the legal norm of paragraph 3 of article 1228 of the Civil code of the Russian Federation;
no the author's permission for publication of a work, for example, in the form of a network resource "WEB IRELAND from the Country's best children's resources;
- there is no agreement on the disposal of the employer the exclusive right to intellectual property and royalties for the alienation of this exclusive intellectual property rights from employee;
the economic entity does not have, the accounting of intangible assets is bogus, respectively, become insolvent license agreements of the company and the application of VAT exemptions, will indemnify misled bona fide purchasers of software products and services.
In this case, the claim for compensation personally Your property damage can help to prepare and submit to the court the organizational and methodological support center copyright holders 'Legal society in the name of Alexander Nevsky". These lawyers specialize in protecting the investment in intellectual property, proprietary complex of intellectual assets and documentation confirming the existence and use of intellectual property without violating intellectual property rights; collect dangerous misconceptions and harmful advice, 12 of which can be found here www.treko.ru/show_article_2388.
There is an opinion that saves a patent and a certificate of registration of the computer program because each of them the stability consultants sing praises, but it's not...
The patent is for a short period (10 years) annual payment extension, the risks of labour migration specialists and know-how. The patent easily recolor by small structural changes technical solutions, it is easy to withdraw on the grounds of lack of agreement about the disposal of the employer the right to obtain a patent, and no special consideration for the alienation of this right - as is the case when the intellectual property to the employer hasn't got.
Certificate of registration of computer programs in addition to its registration nothing is confirmed without the proper documents, proving the existence and use of intellectual property without violating intellectual property rights, are of no practical value has Rospatent registers of the computer program on the basis of personal opinion of the applicant, respectively, the problem of proving the existence of intellectual property rights and it is the applicant even after receiving the certificate of state registration of computer programs.
However, accounting of intangible assets license agreements with references to the certificate of registration of computer programs and VAT exemptions insolvent, violates the intellectual rights of authors and will be followed by claims for compensation for material and moral damage, buyers of software products and services misleading, and will reimburse their losses - all this has become a practice of domestic software companies.
The procedure of registration - only overhead of state registration of contracts on alienation of the exclusive right. I moroka, especially for alienation of the exclusive right to a computer program from an employee. Of course, you may dispose of the exclusive right to a computer program and then to register, but then there is nothing to "prove" the intellectual rights of the employee.
Chief accountant and corporate lawyer, in such cases, reviewed and shrug.
The first to account for intangible assets need proper documents, proving the existence of intellectual property and rights to it, and the word "testimony" from PBU-14/2007 only means the certificate of registration of means of identification, and certificate of registration of the computer program to the availability of the intellectual property does not confirm, evidence of registration of the notorious computer programs... the tale of cock and bull.
The second insists that the contract he will do, but so far no indications of the Director General and the relevant training course at the UNIVERSITY lawyer; to access the computer program of legal protection of copyright no formalities are not necessary, except that you must first prove that it is a computer program (a set of data and commands to the computer) in the form of a work of literature (text on the programming language) and it is not a work of folk art that it should be completed by the results of intellectual activity, not the version or release... therefore it is necessary to check compliance with legal regulations in article 1228 CCRF - who created the program, and who only "Kowal cloves, and documented nowhere is this reflected... a tale of cock and bull.
All these problems can be solved by the standards ASMC.MU-2012 "OF THE QMS. Management of intellectual property. Creation (acquisition), recognition, registration and use of intellectual property. HOWTO" and a HUNDRED.9001-08-2012 "YIXING. Professional management of intellectual property. Outsourcing of quality management systems of intellectual assets of business entities" (www.finas.su/index.php/asmq), but they need to read, understand, and laziness...
Interlocutor sad - it's so complicated, I wish I had something simpler and that most brains not to move. However, references "Professor Preobrazhensky" does not happen and the management of intellectual assets requires a professional approach.
You will help organizational and methodological support centers of the holders of a system of professional management of intellectual property and quality management of intellectual assets (ASMC standard SRT.9001-08-2012) with powers of design: specifications REID, copyright certificates, certificates of recognition and passports intellectual property, licensing and other duly executed documents evidencing the existence and use of intellectual property without violating the intellectual property rights... You here www.newskylaw.ru.
LICENSING POLICY or the COPYRIGHT POLICY you want?
This is a public Declaration or corporate standard for professional management of intellectual property, presentation and quality management of their intellectual assets intellectual property rights. The main issues of Licensing policy:
- Economic entity (details, awards, diplomas, licenses.
The policy and certificates of quality management of intellectual assets.
- Corporate rules, the Declaration and the standards set by the PM & s Glossary.
- Create a service (its) and the acquisition (other people's) intellectual property.
- Alienation of intellectual property rights and the formation of intellectual assets.
Accounting policies and practices, formation, composition, and use of intangible assets.
Corporate intellectual assets and the products, services, outsourcing based on them.
- Modification of intellectual property and the improvement of "smart" products.
- Value-added "smart" products through intellectual property rights.
- Assurance of the absence of charges and compliance with intellectual property rights.
- Preparation and submission of documents to interested parties.
- The standard conditions of licences, the use and modification of intellectual property.
- Maintenance of license agreements and alienation of the exclusive rights duly executed documents evidencing the existence and use of intellectual property without violating intellectual property rights.
- Organizational-methodological and legal support buyers
The interlocutor says, you do not understand - a software package for network service created three of us, and the site only copyright RGDB about us (the creators) even references there. I tried to argue, we, the authors, and without us nothing would have happened, and the Director General said that the rightholder he and our opinion does not interest him - it turns out the rights of one who has more rights?
Indeed, under the legal standard of article 1295 of the RF civil code "the exclusive right of an employee's work belongs to the employer if the employment or other agreement between the employer and the author provides otherwise"... but is it of concern to You personally? intellectual property is still the employer usually doesn't, and Your case is no exception.
Got excited by Your employer - the Internet, though he is safe, but a time bomb Your Director for itself already laid. If this copyright will be proof of the assignment by the employer of Your intellectual property rights. He can inflate his cheeks and say anything, but if:
- implementation of intellectual activity was not included in the employment contract of the employee or such, and wages "converted";
- does not form a utility job, report officials on completion and the results of intellectual activity (RIA);
- for the implementation of intellectual activity have not used the resources of the employer (well, at least "carnation"), or it is documented cannot be substantiated;
- there is no specification REID (they are "amorphous" and do not understand the essence of what it is, complete and objective form and duly executed documents evidencing the grant REED legal protection in accordance with the species of intellectual property;
- no copyright certificate, i.e., there is no documentary confirmation toiletries intellectual property rights to the individual under the legal norm of paragraph 3 of article 1228 of the Civil code of the Russian Federation;
no the author's permission for publication of a work, for example, in the form of a network resource "WEB IRELAND from the Country's best children's resources;
- there is no agreement on the disposal of the employer the exclusive right to intellectual property and royalties for the alienation of this exclusive intellectual property rights from employee;
the economic entity does not have, the accounting of intangible assets is bogus, respectively, become insolvent license agreements of the company and the application of VAT exemptions, will indemnify misled bona fide purchasers of software products and services.
In this case, the claim for compensation personally Your property damage can help to prepare and submit to the court the organizational and methodological support center copyright holders 'Legal society in the name of Alexander Nevsky". These lawyers specialize in protecting the investment in intellectual property, proprietary complex of intellectual assets and documentation confirming the existence and use of intellectual property without violating intellectual property rights; collect dangerous misconceptions and harmful advice, 12 of which can be found here www.treko.ru/show_article_2388.
There is an opinion that saves a patent and a certificate of registration of the computer program because each of them the stability consultants sing praises, but it's not...
The patent is for a short period (10 years) annual payment extension, the risks of labour migration specialists and know-how. The patent easily recolor by small structural changes technical solutions, it is easy to withdraw on the grounds of lack of agreement about the disposal of the employer the right to obtain a patent, and no special consideration for the alienation of this right - as is the case when the intellectual property to the employer hasn't got.
Certificate of registration of computer programs in addition to its registration nothing is confirmed without the proper documents, proving the existence and use of intellectual property without violating intellectual property rights, are of no practical value has Rospatent registers of the computer program on the basis of personal opinion of the applicant, respectively, the problem of proving the existence of intellectual property rights and it is the applicant even after receiving the certificate of state registration of computer programs.
However, accounting of intangible assets license agreements with references to the certificate of registration of computer programs and VAT exemptions insolvent, violates the intellectual rights of authors and will be followed by claims for compensation for material and moral damage, buyers of software products and services misleading, and will reimburse their losses - all this has become a practice of domestic software companies.
The procedure of registration - only overhead of state registration of contracts on alienation of the exclusive right. I moroka, especially for alienation of the exclusive right to a computer program from an employee. Of course, you may dispose of the exclusive right to a computer program and then to register, but then there is nothing to "prove" the intellectual rights of the employee.
Chief accountant and corporate lawyer, in such cases, reviewed and shrug.
The first to account for intangible assets need proper documents, proving the existence of intellectual property and rights to it, and the word "testimony" from PBU-14/2007 only means the certificate of registration of means of identification, and certificate of registration of the computer program to the availability of the intellectual property does not confirm, evidence of registration of the notorious computer programs... the tale of cock and bull.
The second insists that the contract he will do, but so far no indications of the Director General and the relevant training course at the UNIVERSITY lawyer; to access the computer program of legal protection of copyright no formalities are not necessary, except that you must first prove that it is a computer program (a set of data and commands to the computer) in the form of a work of literature (text on the programming language) and it is not a work of folk art that it should be completed by the results of intellectual activity, not the version or release... therefore it is necessary to check compliance with legal regulations in article 1228 CCRF - who created the program, and who only "Kowal cloves, and documented nowhere is this reflected... a tale of cock and bull.
All these problems can be solved by the standards ASMC.MU-2012 "OF THE QMS. Management of intellectual property. Creation (acquisition), recognition, registration and use of intellectual property. HOWTO" and a HUNDRED.9001-08-2012 "YIXING. Professional management of intellectual property. Outsourcing of quality management systems of intellectual assets of business entities" (www.finas.su/index.php/asmq), but they need to read, understand, and laziness...
Interlocutor sad - it's so complicated, I wish I had something simpler and that most brains not to move. However, references "Professor Preobrazhensky" does not happen and the management of intellectual assets requires a professional approach.
You will help organizational and methodological support centers of the holders of a system of professional management of intellectual property and quality management of intellectual assets (ASMC standard SRT.9001-08-2012) with powers of design: specifications REID, copyright certificates, certificates of recognition and passports intellectual property, licensing and other duly executed documents evidencing the existence and use of intellectual property without violating the intellectual property rights... You here www.newskylaw.ru.
LICENSING POLICY or the COPYRIGHT POLICY you want?
This is a public Declaration or corporate standard for professional management of intellectual property, presentation and quality management of their intellectual assets intellectual property rights. The main issues of Licensing policy:
- Economic entity (details, awards, diplomas, licenses.
The policy and certificates of quality management of intellectual assets.
- Corporate rules, the Declaration and the standards set by the PM & s Glossary.
- Create a service (its) and the acquisition (other people's) intellectual property.
- Alienation of intellectual property rights and the formation of intellectual assets.
Accounting policies and practices, formation, composition, and use of intangible assets.
Corporate intellectual assets and the products, services, outsourcing based on them.
- Modification of intellectual property and the improvement of "smart" products.
- Value-added "smart" products through intellectual property rights.
- Assurance of the absence of charges and compliance with intellectual property rights.
- Preparation and submission of documents to interested parties.
- The standard conditions of licences, the use and modification of intellectual property.
- Maintenance of license agreements and alienation of the exclusive rights duly executed documents evidencing the existence and use of intellectual property without violating intellectual property rights.
- Organizational-methodological and legal support buyers
