Controversial Issues of Co-ownership of an Exclusive Right on Intellectual Property

Abstract

This article contains the main issues related to the co-ownership of an exclusive right on intellectual property. The author considered the regime of co-ownership of the exclusive right and the question of its correlation with other regimes of common property, including the regime of the common property of spouses, the applicability of the norms of Part Four of the Civil Code of the Russian Federation or the Family Code of the Russian Federation to the relations of spouses-owners of the exclusive right to the results of intellectual activity and means of individualization. The article notes the peculiarities of the use of the work by co-authors. The author of this article investigated the order of disposition of the exclusive right, which belongs to several persons, as well as the consequences of concluding a contract with only one of the co-owners. The article presents different points of view on the possibility of formation of shares in the exclusive right and their disposal, reflects the difficulties of collecting compensation in favor of co-owners, foreclosure of the exclusive right owned jointly by the debtor and another person.