The status of the institution as a "holder" of the founder's property makes one think about the need to apply, by analogy of the law, the provisions governing the right of operational management to relations regarding the disposal of the institution with its exclusive rights. Given the fact that the prerequisites for introducing the consent of the founder as a necessary condition for disposing of the valuable property of the institution are equally applicable both to objects of real rights and exclusive rights to the results of intellectual activity. However, the author justifies the inadmissibility of the application by analogy of the law of the provisions of the Civil Code of the Russian Federation limiting the powers of the budget institution to dispose of the property assigned to it on the right of operational management, indicating that there is no regulation gap that would require replenishment. In this regard, the author comes to the conclusion that, as a general rule, a budget institution has the right to independently manage its exclusive rights to the results of intellectual activity without the founder's consent.
Translated title of the contributionLegal Regime of the Results of Intellectual Activities of Budgetary Institutions in Science and Education
Original languageRussian
Pages (from-to)123-130
JournalАКТУАЛЬНЫЕ ПРОБЛЕМЫ РОССИЙСКОГО ПРАВА
Issue number12(97)
StateAccepted/In press - 20 Nov 2018

    Research areas

  • budget institution, results of intellectual activity, EXCLUSIVE RIGHTS, Legal regime, consent of the founder, intellectual property, Disposal of exclusive rights, educational budget institution, scientific budget institution, disposal of the institution property

ID: 36893743