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CMS Client Alert | September 2014 | Intellectual Property

Long-awaited rules on employee inventor compensation in Russia

25/09/2014

After the old Soviet rules of calculation and payment of employee inventor compensation ceased to be applicable in Russia, this important legal issue both in the sphere of employment relations and inventorship remained insufficiently regulated for dozens of years.

The parties to these relations had to come to an agreement on the amount and methods of payment of inventor compensation. Failing to do that, the parties had to revert to a court of common jurisdiction, which did not have any legal instruments to determine compensation amounts in the absence of applicable rules or regulations. Over the decades, there have been many disputes in various regions of Russia. Due to the lack of applicable rules, the outcome of disputes was generally unpredictable, although the courts have traditionally been – and still are – mostly employee inventor oriented.

On 1 October 2014, the long-awaited new rules, which were adopted by the Russian Government in June 2014, will come into effect. They are aimed at curing this serious defect in the regulation of relationships between employed inventors and employers.

Source
CMS Client Alert | September 2014 | Intellectual Property
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Authors

Bankovskiy Anton
Anton Bankovskiy
Partner
Moscow