The first possible basis of a recognition of object of the copyright office is that its creation is included into official duties of the worker. The current legislation does not give that direct definition, that such "official duties". The labour code uses concept «office position of the worker» at definition of the term "post". Thus office position of the worker is defined by circle of its duties, the official rights and character of responsibility. Proceeding from it, it is possible to put an equal-sign between concepts "official duties" and «official duties». In turn, official duties assume presence of labour relations which should be issued the labour contract; in the labour contract or in duty regulations official duties of the worker also should be fixed. Thus, the status office can receive product in the event that its creation is included into labour duties of the author.
The law «About the copyright and the adjacent rights» establishes a special legal status concerning office products. The personal non-property rights to the product created as performance of the office task or official duties (office product), belong to the author. Property rights on office product belong to the employer if the contract between it and the author does not provide other.
As follows from norm of item 14 of the Law, the presumption of an accessory of property rights on office product to the employer can be denied conditions of the prisoner between it and the author of the contract. The employer and the author in the labour contract (contract) can establish, that property rights on office product in full arise at the author; in this case its legal regime will not differ from a legal regime of the product created outside the limits of labor relations, and to the employer interested in its use, it will be necessary to conclude the author's contract with the worker. Property rights according to the agreement will be divided between the worker and the employer (on ways of use of product or territory on which the right will be carried out).
The law limits the author of office product in possibility to take advantage of the personal non-property rights belonging to it. In the event that the owner of property rights on office product is the employer, the author has not the right interfere with promulgation such intergovernmental cooperation administrative Besides, the author of office product cannot to carry out the right to a response also.
The recognition of property copyrights to office product for the employer deprives of the author of such product of the right to reception of compensation both the employer, and the third parties.
The literature
1. The copyright and the adjacent rights. Laws, conventions, договоры and agreements. - Minsk, 2010.
2. Intellectual property. The basic materials: In 2 parts the Translation from English, Novosibirsk, 1993.
3. Intellectual property. The Dictionary-directory/under the editorship of A.D. Korchagina. - M, 2011.
4. Savelyev I.V. legal regulation of relations in the field of art creativity. - М, 2009.
5. Serebrovsky V.I. Voprosy of the Soviet copyright. - М, 1956.
6. Sergeys A.P. Intellectual in the Russian Federation. TH., 2008.
7. Tchernyshev S.A. Аuthor's the contract. - М, 2011.