Service
work at the enterprise: is it necessary to regulate the legal relationship?
Quite often, in enterprises, institutions or
organizations, employees may be entrusted with the development or creation of
an official work or other types of work with such works. However, the need to
settle such legal relations is rarely taken into account.
Such analytics is the result of the unpopularity of
such an agreement among entrepreneurs. Although its use can improve the
conditions for both the contractor and the customer. After all, on the one
hand, the customer can state the clearest possible terms of reference, which in
turn will be quite clear to the contractor.
Our lawyers, who have extensive experience and current
practice in the field of intellectual property law, write about the advantages
and features of using an agreement on the distribution of property rights.
If it is necessary to draw up an individual contract
during the war in Kyiv or Ukraine, we recommend using the legal services of the
Consultant to order a turnkey document.
What is the peculiarity of the contract for property
rights in a service work?
The agreement on the distribution of property rights
is primarily intended for the distribution of rights and obligations between
the parties for a specific service work. The parties to the contract are the
customer (employer) and the performer (author-employee).
Mostly such agreements are concluded by employers with
employees who are already employed at a particular enterprise, however, such an
agreement can be concluded like a freelance agreement
Lawyers recommend that you carefully read the
essential terms of the contract, such as the subject matter, terms, rights and
obligations of the parties. These essential conditions will be decisive in the
specific vector of the task.
The contract is mainly concluded for the purpose of
transferring property rights to an employee work to the employer, however,
subject to the rights of the performer, that is, payment of remuneration,
instructions from the developer of the text, etc.
Our experts recommend that you first obtain
professional advice from lawyers in the field of copyright and related rights
in order to form a co-authorship agreement in accordance with applicable law
and reduce the risk of disputes of any category.
The practice of using a contract for an official work
Specialists of the legal marketplace Consultant note
the effectiveness of the agreement. Behind him it is quite convenient to draw
up claims in the case when a certain violation of the concluded conditions was
recorded.
At the same time, it should be noted that a
well-written claim immediately had the expected result, and in most cases the
dispute did not reach the trial.
Nevertheless, we recommend that you additionally
carefully read all the terms of the contract before signing it by the parties
in order to preliminary agree on all the provisions. Amendments to the contract
are possible at the suggestion of both parties before signing.
In the case when it is necessary to analyze the
agreement on the distribution of property rights to an official work or develop
an individual document, we suggest using our legal services Consultant. Our
specialists will be able to best assist in the preparation of the document, and
if necessary, create a completely new one in accordance with your situation.
Template of an agreement on the distribution of
property rights for a service work
The best lawyers in the field of intellectual property
law and related disputes are ready to provide appropriate advice! We offer high
quality services with comfortable service.
It has become much easier to purchase a sample
agreement for the distribution of property rights to a service work over a work
in Kyiv! You can upload a document in a few simple steps:
● Download
the mobile application "Consultant";
● After
a short registration, you can find the required document in the
"Documents" section;
● By
clicking the "Buy Template" button, you will immediately receive a
link to download the document.
Our team cares about each client, so in case of problems, we will
promptly help in resolving your issue!
