Legal Aspects of the Commercialization of Results of Intellectual Activity Carried out by Educational Budgetary Organizations

Abstract

The subjects of the research are determining the originality of the results of intellectual activity carried out by budgetary educational organizations and establishment of rights to research results created by the staff of scientific and educational organizations. The relevance of the topic in question is due to the fact that results of intellectual activity are increasingly used not only in the production sphere but also in the provision of educational services. In the market economy and the tough competition environment, educational institutions are more and more often paying attention to the structuring and management of an intellectual property portfolio, attracting and using innovations. One of the priority tasks of an educational budget institution is the development and practical application of the intellectual activity results belonging to it. The purposes of the study were formulation of criteria of originality as the basis for the qualification of research results treated as copyright objects; and individualization of scientific activity results in agreements on the transfer of intellectual rights. The paper proposes to protect research results possessing relative novelty as derivative works. Along with that, it is concluded that it is desirable to disregard the criterion of the place of work performance developed by judicial practice in respect of scientific works created by the staff of educational organizations. The above conclusions can be used by budgetary educational organizations in the development of in-house local rules on intellectual property and for the registration of rights to official results of intellectual activity.