Infopaket

Copyright for office work

ДВС.32.05.09.

Вибіркова дисципліна для ОП

First

2023/2024

4 Semester

3

Obtaining professional competence within the educational qualification level of “Bachelor” in the “Law” specialty, “Labor Law”" specialization As a result of studying the course the student must know: the definition of creative work as a legal phenomenon in different meanings; forms and methods of creation within the labor relations; legal acts regulating creative work; the status of creators; working conditions necessary for creative workers; the concept of office work; the procedure for the distribution of rights to office works, contracts concluded between the employer and the employee regarding creative work. be able to: independently study the scientific literature on the topic, apply the rules of labor law, analyze case law, draw sound conclusions; prepare expert opinions on controversial issues, substantiate legal position in the process of scientific discussion, perform other types of independent work.

Knowledge of intellectual property law at the level of general institutions.

Topic № 1. The concept of creative work as a legal category in copyright law and intellectual property law. Topic № 2. Legal relations that arise in connection with the realization of the employee's ability to create; on the establishment of working conditions for employees in order to exercise the right to creativity; which arise in connection with the creation and use of creative results. Topic № 3. Subjects of legal relations that arise in connection with creative work (author, creative worker, gig-worker, individual-employee, freelancer). The ratio of these concepts. Legal status of the creative worker (legal personality, rights and responsibilities, liability and guarantees). Topic № 4. Correlation of concepts, results of creative activity, objects of intellectual property. The concept of office work and its features. Topic № 5. The right to create, the duty to create. Concepts and features of protection of the subjective right to creative work.

Bohdan I.A. The right of the employee to creativity and their protection. Monograph. - K.: Norma prava. - 2021. - 176 p. Shtefan A.S. Copyright and related rights: features of legal security, implementation and protection: a monograph / A.S. Shtefan. - Kyiv: Research Institute of Intellectual Property of NALSU, LLC "NVP Interservice", 2017. - 150 p. Afanasyeva K.O. Copyright. A practical guide. - K .: Atika, 2006. - 224 p. Solovyova V. Conflicts of law enforcement arising from the classification of intellectual property rights as officials and the acquisition by the employer and employee of intellectual property rights to them. - Current issues of civil and commercial law. - 2008. - №5. Manual on intellectual property for judges / Benedysyuk I.M. et.al. - Kyiv: K.I.S. - 2018. - 424 p. Protection of intellectual property rights: norms of international and national law and law enforcement. A practical guide. - K .: «K.I.S.», 2007.– 448 с.

Solving problems, answering questions, preparing a report, module test, participating in discussions, independent work, including filling in a workbook.

The evaluation is carried out according to the modular rating system. The module 1 includes topics 1 - 2, the module 2 includes topics 3 - 4, the module 3 includes topics 5 - 6. Attendance at lectures and practical classes, performance of the types of independent work established by the program are obligatory for a successful course completion. Correspondence scale (on a 100-point scale): 1 - 59 - not credited, 60 - 100 – credited.

Ukrainian