The status of an official work in judicial practice

The legal status of an official work has been repeatedly investigated in scientific and educational literature and becomes the subject of research within the framework of consideration of cases on the protection of intellectual rights to works. The Civil Code of the Russian Federation imposes rather strict requirements on the criteria for recognizing a work as official, which entails the redistribution of the exclusive right in favor of the employer. Judicial practice shows that it is not always possible for the employer to prove the fact that the work created by the employee is official. This is facilitated by insufficient formalization of the employee's labor functions and insufficient description of the final expected intellectual product. The article analyzes the norms of current legislation and materials of judicial practice in order to form an algorithm for the registration of relations between an employee and an employer, necessary and sufficient to establish the status of a work as an official one.