Legal regulation of issues of foreclosure on exclusive rights to works and rights to their use

Автор: Kozlova Mariia Viacheslavovna

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 4 (41), 2019 года.

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Purpose: To consider the main legal problems associated with the enforcement of exclusive rights to works and the right to use works on the basis of granted licenses. Methodology: As a methodological basis for the preparation of the article, a systematic approach was used, which made it possible to identify the main problems in the field under consideration and to carry out their consistent analysis, and a formal legal method, with the help of which the results were described. Results: The author concludes that the application of common approaches to the enforcement of the debtor’s property in order to meet the legitimate claims of creditors, in the field encounters with the features due to the nature of the creation of the work as a result of the creative work of the author and the inextricable relationship existing between the author and his work. Novelty/originality/value: The novelty of the author’s proposals consists, in particular, in substantiation of inadmissibility of compulsory transfer of the rights of claim of the author under the contracts concluded by him and necessity of making correspondng changes in the legislation of the Russian Federation.

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Author, copyright, result of creative activity, exclusive right, bankruptcy, pledge, transfer of exclusive right

Короткий адрес: https://sciup.org/140244659

IDR: 140244659

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