Beginning of manifestation intellectual activity man dates back to ancient times. However, the need for its legal regulation arose much later. Historically, the first institution of intellectual property law was copyright. Already in the era of Antiquity, copyrights for literary works began to be protected. Facts of borrowing someone else's work, as well as its distortion, were condemned.
IP law was formed with the development of “mass production” in the spiritual sphere and the emergence of certain clashes of interests of subjects of intellectual activity. Please note that intellectual property rights do not interfere with the process of intellectual activity.
Intellectual property refers to the results of intellectual activity, as well as the means of their individualization, protected by law (Article 1125 of the Civil Code). Intellectual property has a number of characteristic features. Let's look at the most basic ones.
1) Intangibility. This is precisely the main and most important feature, distinguishing it from property in the traditional sense. Having some thing, you can dispose of it at your own discretion: use it yourself or transfer it to another person for temporary use. At the same time, two people cannot use the same thing at the same time. With intellectual property the situation is different, since in in this case the same object can be used in different places at the same time. And the number of users is not limited by anything.
2) Absoluteness. Means that it is opposed to all other persons. No one except him has the right to use a specific copyrighted object of intellectual property. Please note that the absence of a ban on the use of an object cannot act as permission.
3) Translation of intangible intellectual property into tangible objects. Let's explain with an example. By purchasing a laser disc with musical works, you become the owner of the product, that is, the material medium. But at the same time, you do not acquire any rights to the works themselves stored on this object. In other words, you have the right to do with the disc as you wish, but the music does not become your property. It cannot be subjected to any changes (arrangement, processing).
4) The need to directly reflect the object of intellectual property in the law. This principle means the following. Not every result of creative activity can be considered an object of intellectual property. This is also true for means of individualization. For example, a domain name is a means of individualizing a website on the global network. However, it cannot be recognized as intellectual property, since the law does not say anything about this.
A complete list of intellectual property objects is contained in Art. 1225 Civil Code. No other result of intellectual activity not mentioned in this article is considered intellectual property. Consequently, intellectual property rights do not arise for this object. This means that anyone can use it without having any permissions.
There are two categories of intellectual property: industrial property and copyright. Elements of industrial property: inventions, brand names, industrial designs, trademarks, utility models, service marks, names of geographical places.
Literatures;
- music;
- Sciences;
- art;
- cinematography.
Industrial property protection provides for measures to limit unfair competition. It is part of a larger category called “intellectual property.” must register. Their creation, use and protection must comply with all rules established for intellectual property.
The registration of industrial property is carried out by the patent office. The procedure ends with the issuance of a patent or certificate. Only after registration will the intellectual property be given the status of industrial property. This condition does not apply to .
Let us briefly describe some types of intellectual property:
Invention. An invention is understood as a technical solution covering any area of human activity. It may concern a product or a method. The main conditions are: industrial applicability, novelty, and the presence of an inventive step. Products of the invention are strains of microorganisms, cells of living and plant organisms, substances, devices. Method – an algorithm for performing actions on a material object using technical means to achieve results.
Utility model. This is a technical solution aimed at a specific device. Recognition requirements are a sign of novelty and industrial applicability.
Industrial model. It is presented in the form of an artistic and design solution. Characterizes appearance products made industrially or by hand. Providing legal protection to a design is carried out in the event of its novelty and originality. The originality of an industrial design is determined on the basis of essential features that determine the creative nature of the specific product. The essential features of an industrial design include those features that determine a set of aesthetic and (or) ergonomic features of the appearance of the product. This includes the shape, color scheme, configuration, ornament pattern.
Trademark. Trademarks and service marks are designations that can be used to individualize the work performed, goods, and services provided by individuals or legal entities.
Brand name. It is used to identify an enterprise or company as a whole. Sometimes - without presenting the goods and services they provide in the relevant markets. A company name, which has received the status of a protected object of intellectual property, symbolizes the business reputation of an economic entity. At the same time, it also acts as a valuable asset. A business name does not require special registration. After its registration in the Unified State Register of Legal Entities (USRLE), it is subject to protection on the territory of the Russian Federation.
Name of place. You can obtain the exclusive right to use a place name after state registration and receipt of an certifying certificate.
Intellectual law
Intellectual rights are understood as rights that are recognized by law in relation to intellectual property. There are three types of intellectual rights:
Exclusive right. We are talking about the right to use intellectual property in any form, both in form and in methods. However, this right includes the ability to prohibit all other persons from using this property without the permission of the copyright holder. The emergence of an exclusive right extends to all objects of intellectual property;
Personal non-property right. This is the right of the citizen-author of this intellectual property object. Such a right arises only under the conditions established by law;
Another right. This group combines rights that are heterogeneous in nature. Their main feature is the absence of signs by which they can be classified in the first or second group. In particular, the right of succession, access.
Transfer of intellectual property
Intellectual property cannot be transferred because it is an intangible object. We can only talk about transferring rights to it. This is especially true for exclusive rights.
An exclusive right can be disposed of in several forms:
By alienation of the exclusive right. This is due to the transfer of the exclusive right of one person to another in full. This procedure is accompanied by the loss of the legal ability of the previous copyright holder to use the intellectual property;
Granting the right to use an object of intellectual property on the basis of a license agreement. In this case, the copyright holder retains the exclusive right. And the licensee receives the right to use the object to a limited extent provided for in the license agreement. The license itself comes in two levels: exclusive and simple. The first option prohibits the copyright holder from entering into similar agreements with other persons, while the second option retains this right for the copyright holder.
Copyright and industrial property can receive official legal protection only after their state registration. Intellectual property registration can be carried out using various methods:
Protection of intellectual property rights is ensured by legislative means based on taking into account the content and consequences of a real violation. The legislation provides for civil, administrative and criminal liability for violations of intellectual property rights.
Stay up to date with everyone important events United Traders - subscribe to our
Intellectual property is a special type of property protected throughout the world through the creation of special legal norms and institutions. On this type property, its creators acquire intellectual rights; an entire section 4 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) is devoted to their description and protection.
Intellectual Property Rights
Law is a dynamically developing sub-branch of civil law. It includes institutes:
- copyright and related rights;
- patent (or industrial) law;
- rights to means that individualize legal entities, goods and services;
- rights to non-traditional objects intellectual property.
Each of the above institutions intellectual property differs in the object of regulation.
The Institute of Copyright and Related Rights regulates relations arising regarding the creation and use of works of literature, art, science, as well as the reproduction of phonograms, broadcasting of television and cable networks, etc.
The Institute of Patent Law is relations arising in the course of the creation and use of industrial inventions, industrial designs and utility models.
The Institute of Individualization Rights for Legal Entities concerns the extremely important rights in business to a trademark, name, and name of the place of origin of a product.
Institute of Non-Traditional Objects intellectual property It is named so conditionally, due to the peculiarities of regulation and the relationships that arise in it. This includes topologies of integrated circuits, the right to know-how, selection achievements, and trade secrets.
What does the concept of intellectual property include in the Civil Code of the Russian Federation? Types of intellectual property
Concept intellectual property can be found in Art. 1225 of the Civil Code of the Russian Federation. According to this norm, the concept intellectual property includes a legally protected result of intellectual activity or equivalent means of individualization. The following is an exhaustive list of types intellectual property protected in the Russian Federation. A species not specified in this article is not recognized intellectual property, and therefore is not subject to protection.
For convenience in practical use, types intellectual property It is customary to group them into groups according to the object and method of their protection. Groups are similar to legal institutions intellectual property mentioned above.
Intellectual property as an object of civil rights
The object of civil rights is the basis for the emergence of a civil legal relationship. According to Art. 128 of the Civil Code of the Russian Federation is one of the objects of civil rights. The norms of civil legislation are applied to it, taking into account its inherent features. To the features intellectual property the legislator considers it to have limited negotiability (clause 4 of article 129 of the Civil Code of the Russian Federation).
From this article it follows that intellectual property is not subject to alienation, however, you can dispose of exclusive rights to it without restrictions, as well as the material medium on which it is contained intellectual property. Intangible rights are also not subject to alienation (for example, the right of authorship).
Concept of intellectual rights
To the copyright holder intellectual property belong to the rights specifically specified in the Civil Code of the Russian Federation, called intellectual rights.
Intellectual rights are a tool that allows you to competently and correctly protect the interests of the copyright holder in his interaction with outside world regarding its use intellectual property. Rights to intellectual property appear to the author at the time of creation of the work, but for a number of types intellectual property they appear only after state registration.
The peculiarity of intellectual rights is that they are not related to the ownership of the medium containing the result of intellectual activity. An example is the possession of a disc with recordings of a famous artist - the rights to the works sounding on the disc are retained by the author, despite the ownership of the material carrier - the disc - by another person. It is precisely because of the special nature of the subject of regulation that the law directly states that the rules governing the right of ownership and other real rights do not apply to intellectual rights (clause 3 of Article 1227 of the Civil Code of the Russian Federation).
Types of intellectual rights. Objects of intellectual rights
The legislator names the following types of intellectual rights:
- exceptional;
- personal non-property;
- specialized.
Exclusive rights are property rights. From the copyright holder intellectual property you have the opportunity to dispose of your exclusive right in any convenient way of your choice, including alienating it or allowing its use without transferring the exclusive rights in full, for which you conclude a license agreement.
Exclusive rights to intellectual property finite in time. If the term of the exclusive right expires, the license agreement without specifying the term terminates. In case of universal legal succession - inheritance and reorganization of a legal entity, as well as in cases where a penalty is imposed on the property of the copyright holder - the transfer of the right to exclusive rights is carried out without an agreement.
Moral rights to intellectual property are not subject to alienation or transfer and are protected indefinitely. These include:
- copyright right;
- right to a name;
- protection of the work from distortion;
- inviolability of the work.
Specialized rights to intellectual property- these are rights such as:
- the right of succession (the inalienable right of the author to compensation upon resale of his work);
- right of access (the author’s right to demand that the owner of a work of art provide access to it for its reproduction), etc.
The object of law is understood as the legal relationship to which the influence of law is directed. This implies an understanding of the object of intellectual rights. In a broad sense this is intellectual property in general as a phenomenon, in the narrow sense, objects of intellectual rights are specific types intellectual property, which relate to these rights.
Protection of intellectual rights: jurisdiction and jurisdiction
Violated intellectual rights are subject to protection. Similar norms are provided, in addition to civil law, also in criminal and administrative legislation; accordingly, methods of protection are selected based on the essence of the violated right and its consequences. Disputes regarding the use of intellectual rights are resolved by the court.
Depending on the subject composition of the case of violation of rights intellectual property considered by courts of general jurisdiction or arbitration courts.
Relatively recently (July 3, 2013) in the Russian Federation, a specialized court for the protection of intellectual rights began to operate within the arbitration courts. If cases fall within the jurisdiction of the court for the protection of intellectual rights, both individuals and legal entities and individual entrepreneurs can apply to it.
The Intellectual Property Rights Court considers cases related to:
- disputes about the establishment or refusal to provide legal protection to various intellectual rights by the state (for example, about invalidation of a patent for a utility model, early termination of trademark protection due to its non-use, etc.), and this area does not include disputes regarding objects copyright and related rights, topologies of integrated circuits;
- challenging regulations in the field of intellectual rights protection.
Ways to protect personal non-property rights
Personal non-property rights are protected by:
- recognition of law;
- restoration of the situation that existed before the violation of the right;
- suppression of actions that violate the right or create a threat of its violation;
- compensation for moral damage;
- publication of a court decision on the violation that has occurred.
In addition, it is possible to protect the honor, dignity and business reputation of the author - according to the rules of Art. 152 of the Civil Code of the Russian Federation.
The use of the listed methods of protection is due to the presence of several circumstances, the burden of proof of which rests with the copyright holder:
- existence of non-property rights;
- the very fact of violation.
Ways to protect exclusive rights: examples
To protect exclusive rights, the following requirements may be presented:
- On recognition of rights
Thus, the court satisfied the plaintiff’s demands for recognition of his exclusive right to the work used in entrepreneurial activity by the defendant without complying with copyright law (Moscow Arbitration Court, decision dated July 4, 2014, case No. A40-40554/14). - On the suppression of actions that violate the right or create a threat of its violation
The court prohibited the defendants from manufacturing, producing and introducing dietary supplements into civil circulation due to the fact that the exclusive rights to them were previously alienated in full to the plaintiff (Moscow Arbitration Court, decision dated April 11, 2014, case No. A40-151594/13). - About compensation for losses
In some cases provided for by the Civil Code of the Russian Federation, a person whose rights have been violated may demand replacement of damages with compensation.
For example, the court decided to recover from the defendants in favor of the plaintiff monetary compensation in view of the fact that the defendants posted on their website intellectual property- articles published on the plaintiff’s website and protected by his copyright, despite the warning about the ban on reproducing the material without the author’s consent (Moscow Arbitration Court, decision dated 06/05/2015, case No. A40-10500/15). - On the seizure of material media
- On the publication of a court decision on a violation, indicating the actual copyright holder intellectual property
It was decided to withdraw from circulation the goods marked with the controversial name, since at the court hearing it was established that the defendant was illegally using the plaintiff’s intellectual property - a patented trademark (Arbitration Court of the Republic of Tatarstan, decision dated April 22, 2015, case No. A65-25801/2014) .
The court imposed an obligation on the defendant to publish the operative part of the decision in a newspaper within 10 days from the date the court decision entered into legal force (Moscow Arbitration Court, decision dated November 24, 2014, case No. A40-159155/14).
Thus, intellectual rights represent a special object that is not directly related to a material medium. The protection of intellectual rights is carried out in a way that depends on the offense and the type of right itself (the legislator has provided different legal protection for exclusive and personal non-property rights). Determining the court competent to consider a dispute over the protection of intellectual rights is not easy, since it is necessary not only to proceed from the subject composition of the parties, but also to take into account the subject of the dispute. Some of these protection cases intellectual property by virtue of a direct indication of the law, the jurisdiction of a special court for intellectual rights, which is part of the system of arbitration courts of the Russian Federation.
Everything a person does is connected with his intellectual activity. But not all results of intellectual activity are intellectual property, which is subject to legal protection of the state.
What is intellectual property, what are its types, what is protected by the state and how, what are the rights of the author and copyright holder?
Brief answers to these questions are given in this article.
|
|
Concept of intellectual property
The human brain works constantly. The results of his activities can be expressed both in an ideal and in some objective material form. In the latter case, the results of intellectual activity may be provided with state legal protection. These results are also called intellectual property. The latter also includes means of individualization of legal entities, goods, works, services and enterprises. The law provides an exhaustive list of such results of intellectual activity. These are the followingobjects of intellectual property rights :
works of science, literature and art; programs for electronic computers (computer programs); Database; execution; phonograms; communication on the air or via cable of radio or television programs (broadcasting by broadcasting or cable broadcasting organizations); inventions; utility models; industrial designs; breeding achievements; topologies of integrated circuits; production secrets (know-how); brand names; trademarks and service marks; names of places of origin of goods; commercial designations.
Intellectual rights to the specified results of intellectual activity and means of individualization are recognized (Article 1226 of the Civil Code of the Russian Federation), which include an exclusive right, which is a property right, and in cases provided for by this Code, also personal non-property rights and other rights (the right to follow, the right of access and other).
Personal non-property rights include the right of authorship and the right to a name. Their importance should not be underestimated - without the implementation of these rights, the exercise of exclusive rights is impossible, creativity and development are hampered. The right of authorship is inalienable and non-transferable. Initially, the legal copyright holder is the author. However, the copyright holders of the works may be other individuals or legal entities, but the transfer of rights must be legally formalized.
Intellectual Property Protection
In many cases, authors of intellectual property do not attach due importance to its protection. Often people remember this only when someone has already used it. At the same time, for many authors it has great importance not only a violation of exclusive (property) rights, but also a violation of non-property rights, primarily the right of authorship.
Legal protection of the results of intellectual activity is ensured by the legal norms set out in Part IV of the Civil Code of the Russian Federation. However, law enforcement practice in a number of areas of intellectual rights is clearly insufficient, which is a consequence of the underdevelopment of the legal culture in our country.
The largest number of legal disputes arise in the area of trademark protection. However, this should not confuse copyright holders of other intellectual property objects. In all cases, the first stage of protection is the correct and most complete registration of your rights. Without this there will be no protection. The methods and possibilities of protection depend on the type of intellectual property rights. The following types of intellectual property (or objects of intellectual property rights) are distinguished: copyright, rights related to copyright, patent law, the right to selection achievements, the right to topologies of integrated circuits, the right to production secrets (know-how), rights to means of individualization of legal persons, goods, works, services and enterprises. Among these types of rights, the most commonly used are copyright, rights related to copyright, patent law, as well as rights to means of individualization of legal entities, goods, works, services and enterprises.
Protection of rights can be carried out in 2 forms - jurisdictional and non-jurisdictional. The first form involves protection in authorized government agencies, for example, in a court or chamber for patent disputes. The second form involves independent legal actions of the copyright holder to protect his rights, for example, notifying the violator of a violation of the rights of the copyright holder.
Let's look at some possibilities and features of registering rights to these types of intellectual property.
Copyright
Intellectual rights to works of science, literature and art are copyrights (Article 1255 of the Civil Code of the Russian Federation). The author of the work owns the following rights:
|
exclusive right to a work |
right to inviolability of a work |
right to publish the work |
||
It is also important to note (Article 1259 of the Civil Code of the Russian Federation) that copyright extends to both published and unpublished works expressed in any objective form, including written, oral, image, sound. or video recordings, in volumetric-spatial form. The creation, exercise and protection of copyright does not require registration of a work or compliance with any other formalities.
In relation to computer programs and databases, registration is possible, carried out at the request of the copyright holder with a federal authority executive power on intellectual property.
These few provisions lay out the basics of copyright law, but also contain the main contradictions and pitfalls. The paradox is that these contradictions not only complicate copyright protection, but can contribute to it. The latter applies to many other copyright provisions that are not listed here.
The fact is that the provisions of copyright law of the Russian Federation do not contain interpretations of basic concepts - work, creative work, creative, objective form (just form). This means that a broad and arbitrary interpretation of these terms is possible, which in some cases facilitates and in others complicates the protection of the intellectual rights of authors. The use of these terms in copyright provisions leads to various contradictions in its interpretation. The above can also be applied to some other terms and provisions of copyright that are used by copyright specialists when resolving conflicts.
Here it is possible to dwell on only one such contradiction - “for the emergence, implementation and protection of copyright, registration of a work or compliance with any other formalities is not required” and “the person indicated as the author on the original or copy of the work is considered its author, unless "It has been proven otherwise." These provisions are in the interests of publishers, because allow them to dictate their terms to authors and assert their rights – i.e. The legal basis is only the contract with them. But for authors of published works they contain inconveniences and dangers and no longer correspond at all to the interests of authors of small works, authors of journal articles, authors of unpublished works.
However, in the case of computer programs and databases, which are also objects of copyright, registration is not only possible, but also recommended (Article 1262 of the Civil Code of the Russian Federation), and state registration. Here many questions immediately arise - “Why..?”. Moreover, as practice shows, such registration does not provide anything for the real protection of programs and databases.
What can authors of other works wish for? Is it really enough to put your full name on the copy and copyrights are protected? Of course not. Practice shows that the protection of a work begins with the correct registration of one’s rights, namely with the formation of a sufficient evidence base confirming authorship. In most cases, it is enough to confirm the presence (existence) of this work on this moment time behind the name of this author. For such confirmation you can use various methods, but the most commonly used is deposit or open publication, subject to objective evidence of the date of appearance or publication of the work.
Another problem is the protection of intellectual property that is not protected by current intellectual law. In most cases, such issues can be resolved by bringing such objects into the form of protected intellectual property. This situation occurs, for example, in the case of protecting ideas. The idea itself is, as a rule, an ideal object. First, you can copyright the description of the idea. Secondly, you can protect any specific objective embodiment of this idea or bring this idea to a specific expression, embodiment and protect it with the help of copyright or patent law.
Patent Law
The results of intellectual activity, which are technical solutions in the scientific and technical field (inventions and utility models) and activities in the field of artistic design (industrial designs), are subject to patent law (Articles 1345-1349 of the Civil Code of the Russian Federation). The specified objects, recognized in the appropriate manner as an invention, utility model or industrial design, are granted state protection. Patent rights are confirmed by registration in the relevant State Register and the issuance of a patent for the protected object. In this case, an invention is considered a technical solution related to a product or method. A product means, in particular, a device, substance, microorganism strain, plant or animal cell culture. By method is the process of carrying out actions on a material object using material means. In this case, the invention must have an inventive step, be new and industrially applicable. In the absence of an inventive step, a technical solution may be recognized as a utility model if it is a device.
An artistic and design solution for a product of industrial or handicraft production, which determines its appearance, is protected as an industrial design (Article 1352 of the Civil Code of the Russian Federation).
Technical solutions in Russia are most often protected in the form of inventions. However, in the case of devices, protection in the form of a utility model is also very popular. Protection of technical solutions in the form of an industrial design is still rarely used in the Russian Federation.
When using patenting to protect technical solutions, the purpose and objectives facing the authors or copyright holders are of great importance. The simplest task is to formally obtain a patent for image or representation purposes. Such goals are usually achieved by using known patent techniques and technologies.
Protection of a technical solution in any particular, specific form of execution is now quite rare and, as a rule, indicates the low patent qualifications of the applicants, because provides virtually no protection against circumvention patents and has a reduced likelihood of a patent being granted, as well as other disadvantages.
The most commonly used options are patent protection with an expanded scope of legal protection. Moreover, such extensions can extend to areas (and/or areas) of technical solutions of competitors or to areas of promising solutions. In the latter cases, it is necessary to conduct appropriate patent searches or patent research, often covering an expanded range of patent and technical documentation.
In some cases, one hears skeptical opinions regarding a utility model. Such opinions are not justified. According to the law, the protective capabilities of a utility model are no less than those of an invention. The only difference is the validity period. Moreover, the likelihood of obtaining a patent in the case of a utility model is much higher. In addition, a utility model is a more flexible and convenient tool for solving many tactical and strategic issues of protecting and developing an invention or business. However, it is necessary to take a more responsible approach to the development of the formula and the design of the utility model.
Rights to means of individualization of legal entities, goods, works, services and enterprises
These rights include rights to a company name, trademark or service mark, appellation of origin of goods, and commercial designation.
Entity, which is a commercial organization, acts in civil circulation under its corporate name, which is determined in its constituent documents and is included in the unified state register of legal entities upon registration of a legal entity (Article 1473 of the Civil Code of the Russian Federation). The corporate name of a legal entity must contain an indication of its organizational and legal form and the actual name of the legal entity, which cannot consist only of words denoting the type of activity.
Despite the fact that the law provides for organizations the exclusive right to use their company name, this is not strictly observed as a means of individualization in practice, because registration authorities practically do not check the presence of similar names. However, if “doubles” are discovered, the organization may sue.
In the field of protecting rights to means of individualization, the most in demand is the protection of rights to a trademark or service mark. A trademark is a designation used to individualize goods of legal entities or individual entrepreneurs. The exclusive right to a trademark is certified by a certificate (Article 1477 of the Civil Code of the Russian Federation). Verbal, figurative, dimensional and other designations or combinations thereof can be registered as trademarks. A trademark can be registered in any color or color combination.
The issuance of a certificate is preceded by an examination in two stages, the purpose of which is to establish sufficient distinctiveness with the trademarks in use and a number of other designations specified in the law.
When filing an application for a trademark certificate, you should conduct a preliminary search for similar designations. You should also take into account that the applied for trademark will be valid only for the list of goods and/or services specified by you according to the classes of the International Classification of Goods and Services (International Classification of Goods and Services), and also that the trademark may contain unprotected elements, which can be of great importance when proving distinctive abilities of the mark.
The law also provides for the use of a commercial designation as a means of individualization. In contrast to a trademark, a commercial designation is used not to designate goods and services, but to individualize trade, industrial and other enterprises (Article 1538 of the Civil Code of the Russian Federation). However, this does not prevent its use for indirect individualization of the products of these enterprises. Taking this into account, the possibilities of using a commercial designation as a means of individualizing an organization and goods are quite wide. Despite this, the use of the commercial designation has not yet found wide application mainly due to its lower image in the business environment.
|
Methods/opportunities for protecting intellectual property rights, patenting technical solutions for complex works, for example, a website |
||||
|
Issuance of patents by Rospatent |
||||
|
Exceptional new |
commercial designation |
|
||
More detailed information information on the protection of intellectual rights can be obtained in the relevant sections of the site.
Intellectual property right is a person’s right to an object or information created by his own mind, as well as to those results of creative or mental activity that are specified in the legislation. It can be either property or non-property. Also, no person who has created anything with his mind can be deprived of this right or limited in it.
The result of human activity can be a database, a literary work, a painting, a computer program, data on video or audio media, scientific discoveries, inventions. The subject who has is the person who created the object.
If we talk about property and non-property rights, then the first option includes:
Official recognition of a person as the creator of an object. At the same time, he can use his invention as he pleases. The subject also has the right to permit or prohibit the use of its property by other persons.
The need to protect one’s own invention from the attacks of another entity who wants to appropriate all rights to itself or destroy the object.
As for the other thing, they exist regardless of legislative norms, although cases are envisaged when they can transfer to another entity.
Has certain validity periods. If it is non-property, it can last forever. If provided, they are valid for as long as established by law in each specific case. Moreover, they can be terminated ahead of schedule.
Allows the subject to use the object as he or she wishes. However, the rights of others must be respected. If the person who created the thing or object allows others to use it, then they must do so within the framework of current legislation. Naturally, to use the object you need to have an authorization document - a license.
If the object was created due to the fulfillment of conditions employment contract, then the right to intellectual property may belong to the person for whom the inventor works. But this applies to non-property rights. If they are property, then they belong to the employee who created the object, his superiors, or they can be shared.
If an object or invention was created by pre-order, then the creator of the object owns the non-property rights, and the customer owns the property rights. Also, the creator and the customer can own the object jointly.
Each creator can be sure that his invention will not be used by another person without his permission. Intellectual property rights are protected by legislation, which provides for liability for their violation. Most often, property owners can defend their rights in court, unless otherwise provided by law.
Intellectual property- these are exclusive rights of a personal and property nature to the results of intellectual and, first of all, creative activity, as well as to some other objects equivalent to them, a specific list of which is established by the legislation of the relevant country, taking into account its international obligations.
According to Russian legislation, intellectual property represents the exclusive rights of an individual (citizen) or legal entity to the results of intellectual activity and equivalent means of individualization (trademarks, service marks, trade names, etc.).
Achievements of science and technology, literary, artistic, musical works and other objects of creative activity are objects of intellectual property; they have an intangible nature, different content and form of presentation.
Intellectual property is divided into:
- industrial property;
- right to trade secrets;
- Copyright;
- related rights.
Industrial property– the owner’s right, confirmed by a document of protection in the form of a patent or certificate, to use industrial property objects:
- inventions,
- utility models,
- industrial designs,
- trademarks,
- service marks,
- appellations of origin of goods,
- rights to suppress unfair competition.
Protection against unfair competition is carried out based on the rights to commercial or official secret regulating relations related to the use of:
- confidential information of a commercial nature,
- production secrets (“know-how”),
- information regarding the organizational and managerial activities of the enterprise.
- works of science, literature, art,
- computer programs and databases,
- derivative works (translations, annotations, etc.).
Scope international rights refers to the rights of performers and organizations to:
- performance or production of any works of literature and art,
- phonograms,
- transfers,
- prepared for broadcast on air or cable.
In accordance with Russian legislation the existence of rights to intellectual property is regulated by civil law and determined by the terms of the agreement concluded by the parties:
- agreement on the creation and transfer of scientific and technical products,
- R&D agreement,
- copyright, license, constituent agreement,
- leasing agreement, franchising agreement, etc.
Intellectual Property Rights
Chapter 69 of the Civil Code of the Russian Federation includes:
- standards establishing general list objects of intellectual property,
- concept and common system intellectual rights,
- general rules for establishing
- terms of implementation,
- grounds and methods of protecting intellectual rights,
- general provisions on agreements on the disposal of exclusive rights, etc.
Copyright defined as a set of legal norms regulating relations arising in connection with the creation and use of works of literature, science and art. The subject of copyright protection are art form and the language of the works, but not the ideas, concepts, methods or principles expressed in them. The functions (tasks) of copyright are as follows:
- stimulating activities to create works of literature, science and art;
- creating conditions for the widespread use of works in the interests of society.
Related rights– a legal institution that regulates relations for the establishment, implementation and protection of intellectual rights to performances and productions, phonograms, broadcast or cable communications, works (published for the first time after the expiration of copyright).
Patent Law- a set of rules governing property and personal non-property relations arising in connection with
- recognition of authorship and protection of inventions, utility models and industrial designs,
- establishing the regime for their use, material,
- moral stimulation and protection of the rights of their authors and patent holders.
The objects of patent legal protection are only technical and artistic design solutions. Unlike copyright, patent law protects not the form of expression of an object, but the content of the object, i.e. idea, principle underlying the invention, utility model, industrial design (claims of the invention, utility model, essential features of the industrial design).
The basis for providing legal protection to objects of patent rights is registration of the object and issuance of a special document of protection (patent). The right to means of individualization are legal norms:
- regulatory relations related to the establishment, implementation and protection of intellectual rights to designations,
- individualizing legal entities, enterprises of participants in civil circulation, products produced by participants in civil circulation, work performed or services provided.
Right to means of individualization - component industrial property rights within the meaning of the Paris Convention for the Protection of Industrial Property of 1883.
Unlike the results of intellectual activity included in the section of industrial property - technical, artistic, design and biological solutions, means of individualization are not solutions as such, but artificial symbols. However, they are not protected by law simple words or images, but as address symbols that can designate and distinguish from the general mass (individualize) individual entrepreneurs, their enterprises, and the goods they produce or services they provide.
Individualization means allow you to attract the attention of consumers to the products offered by an entrepreneur; they are a tool for competition and the formation of your own business reputation.
Right to integrated circuit topologies– a system of legal norms regulating relations related to the establishment, implementation and protection of intellectual rights to TIMS. Legal regulation in this area is based on the following provisions:
- provision of legal protection for TIMS regardless of official registration;
- providing legal protection only to original TIMS (created by the creative work of the author);
- securing exclusive rights to the same TIMS for all persons who created it independently of each other;
- the rule that legally significant actions with TIMS are only its use for commercial purposes.
Right to selection achievements– a system of legal norms regulating relations related to the establishment, implementation and protection of intellectual rights to biological solutions (plant varieties and animal breeds). Due to the certain specificity of selection achievements, their legal protection differs from classical patent legal protection, which is expressed in the peculiarities of registration of selection achievements (the biological solution cannot be described by a formula) and some features of the legal regime for their use.
Right to trade secrets– a system of legal norms regulating relations related to the establishment of a trade secret regime regarding information, its use, disposal of the exclusive right to such information and its protection. Production secrets are protected only if they are confidential (kept secret), and the exclusive right to know-how provides its owner with the opportunity to control access to protected information.
Objects of intellectual property are usually called the results of intellectual activity and means of individualization of participants in business activities. The main criterion for classifying such objects as intellectual property is the availability of legal protection.
Objects of industrial property:
- inventions;
- utility models;
- industrial designs;
- trademarks;
- brand names;
- indications of origin or name of place of origin of the goods;
- the right to suppress unfair competition;
- literary works (including computer programs);
- dramatic and musical works;
- choreographic works;
- audiovisual works;
- works of painting, graphics, architectural design, urban planning;
- geographical and geological maps;
- production works (translations, abstracts, adaptations);
- collections (encyclopedias, databases);
Trade secret:
- trade secrets - information about market conditions, financial transactions of enterprises, volumes of commercial activity, information about concluded agreements with counterparties, lists of clients, etc.;
- industrial secrets are inventions not protected by patents, prototypes, results of research work, design, technological, project documentation, etc.;
- organizational and managerial secrets - systems for organizing production, marketing, quality management, personnel, finance.
Intellectual Property Protection
In addition to patents and licenses, in most countries the forms of intellectual property protection are:
- copyright (right to reproduce) - legal norm regulating relations related to the reproduction of works of literature, art, audio or video works. The Latin letter C in a circle applied to a work indicates that the work is protected by copyright;
- trademark and service mark- designations used to individualize goods, work performed or legal or legal services provided individuals(legal protection in the Russian Federation is provided on the basis of their state registration);
- brand name- after registration it is unlimited and terminates only upon liquidation of the company, and is not subject to sale. According to Article 54 of the Civil Code of the Russian Federation, “a legal entity that is a commercial organization must have a company name. A legal entity whose company name is registered in the prescribed manner has the exclusive right to use it.”
Was the page helpful?
More found about intellectual property
- Valuation of intellectual property
Cost estimate intellectual property is the determination of the value of the volume of rights to the results intellectual activities which ownership provides - Identification and measurement of the value of intangible assets: a valuation and accounting approach
NMA partial lack of regulation of individual institutions intellectual property unreliability of the cost value of intangible assets reflected in the financial statements impossibility of recognizing the object as an intangible asset - Economics of intellectual property. Calculation of impairment of intangible assets
Department head intellectual property of CJSC Company NEP academic degree- Candidate of Technical Sciences Investment assessment No. 1 2016 - Intangible assets and other criteria when investing in an IT project
It turns out that this definition can be associated with a well-known classification of objects intellectual property of G G Azgaldov therefore in essence and intangible assets Objects of patent copyright and - Methods for estimating the value of intangible assets
1 objects can be classified as intangible assets intellectual ownership of intellectual property, including the exclusive right of the patent holder to an invention, industrial design, useful - Know-how as a special type of intangible assets of a commercial organization
IN accounting concept intellectual property is determined and intended to be disclosed through the category of intangible assets 4 That is why the construction - Problems of self-financing of enterprise investment activities
Ideally, based on exclusive technology, an enterprise based on its own intellectual property needs to obtain monopoly rights during the period when it introduces new products or - Intellectual capital as a set of intangible assets of a company
Similar concepts like intellectual capital intangible assets intellectual property are interrelated but not synonymous unequal Not all elements intellectual capital are intangible assets - Accounting for intangible assets when assessing property complexes for collateral purposes
RF No. 9 168 2015 Intangible assets intellectual property further - intangible assets of all types of assets, in the author’s opinion, are the most complex - Information security methods
The concept of company ownership includes ideas, concepts and technologies, machines, equipment and raw materials, weight, that which, thanks to the efforts and efforts of people working in a given organization, is transformed into goods and services used to satisfy the spiritual and material needs of the population Intellectual proprietary information can be used to produce goods and services or converted into cash - Intangible assets: theoretical and practical aspects
Russian Federation list of objects intellectual property is approved by law Article 1225 of the Civil Code of the Russian Federation and is closed, which excludes the possibility of inclusion - Calculation of the value of intangible assets created on the basis of intellectual property objects
Intangible assets created on the basis of objects intellectual property and aimed both at improving technologies existing on the market and at creating - Comparison of the book value and market value of an intangible asset using the example of the Tyumen Battery Plant trademark
A N Assessment problems intellectual property Draft federal standards Access mode http www labrate ru kozyrev kozyrev article ip-valuation - Technological innovation, accounting for R&D costs and assessing the cost of intangible assets at industrial enterprises
R&D Organizations can also create joint funds to support scientific and technical activities for the purpose of financing venture innovation projects and the creation of facilities intellectual property that will subsequently be used in the activities of several companies 1 Within the framework of this - Improving internal control over intangible assets in an innovative economy
A Yu Shatrakov highlighting five types of intangible objects market assets customer base distribution channels company reputation brand franchise and licensing agreements human resource knowledge experience personnel qualifications infrastructure assets public relations methods information Technology business connections intellectual property trademark inventions utility models industrial designs know-how information constituting a trade secret of the company - Intangible assets within an enterprise as a property complex: concept, characteristics and meaning
Need to capitalize intellectual property and, above all, know-how of which we have 90 or 95% of the total volume - Intangible and intangible business assets of an enterprise
We have identified four categories of intangible assets human resources rights to intellectual property infrastructure and market position which are denoted by a general term intellectual capital 1 P - The role of intangible assets in the market value of modern companies
Objects intellectual properties that have undergone the process of commercialization 1 The relevance of the topic of intangible assets is confirmed by the fact that for the first time in - Comprehensive analysis of the efficiency of using intangible assets
The possibility of obtaining protection documents is related to the level of patentability of the objects intellectual property The feasibility of obtaining documents of protection is assessed based on a comparison of the amount of expected future income from - Formation of a multifactorial criterion for assessing the investment attractiveness of an organization
Intel property cost of objects intellectual company ownership group of criteria information attractiveness 3 Universities number of public universities educational institutions V
