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!
