What can be considered intellectual property? Intellectual property rights. Types of intellectual property depending on the legal regime

Intellectual property- in a broad sense, the term means a temporary exclusive right secured by law, as well as personal non-property rights of authors to the result of intellectual activity or means of individualization. The legislation that defines intellectual property rights establishes a monopoly of authors on certain forms of use of the results of their intellectual and creative activity, which, thus, can be used by other persons only with the permission of the former.


Right intellectual property

Main institutions
Copyright Related rights Presumption of authorship Patent Law Invention Utility model Industrial model Brand name Trademark Name of place of origin of the goods Commercial designation Know-how (production secret) Protection of new plant varieties
Special rights
Database Topologies of integrated circuits Selection achievement

Concept

The term “intellectual property” was occasionally used by legal theorists and economists in the 18th and 19th centuries, but came into widespread use only in the second half of the 20th century, in connection with the signing of the Convention establishing the World Intellectual Property Organization (WIPO) in 1967 in Stockholm. According to WIPO's founding documents, "intellectual property" includes rights relating to:

Later, exclusive rights related to geographical indications, new plant varieties and animal breeds, integrated circuits, radio signals, databases, and domain names were included in the scope of WIPO activities.

Laws on unfair competition and trade secrets are often considered “intellectual property,” although they do not constitute exclusive rights by design.

In jurisprudence, the phrase “intellectual property” is a single term; its constituent words are not subject to interpretation separately. In particular, “intellectual property” is an independent legal regime (more precisely, a group of regimes), and does not, contrary to popular belief, represent a special case of property rights.

Types of intellectual rights

Copyright

Copyright regulates relations arising in connection with the creation and use of works of science, literature and art. Copyright law is based on the concept of “work,” meaning the original result of creative activity that exists in some objective form. It is this objective form of expression that is the subject of copyright protection. Copyright does not apply to ideas, methods, processes, systems, methods, concepts, principles, discoveries, facts.

Related rights

A group of exclusive rights created in the second half of the 20th and early 21st centuries, modeled on copyright, for activities that are not creative enough to warrant copyright. The content of related rights differs significantly in different countries. The most common examples are the exclusive right of performing musicians, producers of phonograms, and broadcasting organizations.

Patent Law

Patent law is a system of legal norms that determine the procedure for the protection of inventions, utility models, industrial designs (often these three objects are combined under a single name - “ industrial property") and selection achievements through the issuance of patents.

Rights to means of individualization

A group of intellectual property objects, the rights to which can be combined into one legal institution for the protection of marketing designations. Includes such concepts as: trademark, brand name, name of place of origin of the product. For the first time, legal norms on the protection of means of individualization at the international level are enshrined in the Paris Convention for the Protection of Industrial Property, where a larger part of the convention is devoted to trademarks than to inventions and industrial designs.

Right to trade secrets (Know-how)

Production secrets (Know-how) are information of any nature (original technologies, knowledge, skills, etc.) that are protected by a trade secret regime and can be the subject of purchase and sale or used to achieve a competitive advantage over other business entities.

Protection of new plant varieties

A system of legal rules that regulates the copyright of new plant varieties by plant breeders, through the granting of patents.

Unfair competition

Protection against unfair competition is classified as intellectual property in clause VIII of Art. 2 of the Convention establishing WIPO. The legal doctrine has not developed a single concept of unfair competition. At the same time, there is a classification of acts of unfair competition, which is given in paragraph 3 of Art. 10 bis of the Paris Convention for the Protection of Industrial Property. In particular, the following are prohibited:

all acts likely in any way to cause confusion with respect to the establishment, products or industrial or commercial activities of a competitor;
false statements in business that are likely to discredit the business, products or industrial or commercial activities of a competitor;
indications or statements, the use of which in the conduct of business is likely to mislead the public as to the nature, method of manufacture, properties, suitability for use or quantity of the goods.

Ideological justifications for intellectual property

The reasons why states enact national laws and become signatories to regional or international treaties (or both) governing intellectual property rights are usually motivated by:

by providing protection, create an incentive for the manifestation of various creative efforts of thinking;
give such creators official recognition;
reward creative activity;
to promote the growth of both domestic industry or culture and international trade, through treaties providing multilateral protection.

Types of intellectual property rights violations

Violations of various types of intellectual property rights include:

distribution of objects using methods described in patents (often even in the case of an independent invention);
other.

In Ukraine, the protection of intellectual property rights is the activity of state-authorized executive and judicial authorities provided for by law to recognize, renew and eliminate obstacles that prevent subjects of intellectual property rights from realizing their rights and legitimate interests. First of all, I would like to dwell on the legislation that regulates legal relations in the field of protection of intellectual property rights and provide a short overview of the norms of civil, administrative, criminal, customs legislation and special laws in the field of intellectual property, which provide for judicial and administrative methods of protecting intellectual property rights, and also establish civil, administrative and criminal liability for violation of these rights.

Judicial protection of intellectual property rights is carried out by courts of general jurisdiction, economic courts of Ukraine, and in the field of public law relations - by administrative courts, the system of which is being formed today and in which the Supreme Administrative Court of Ukraine is already actively working.

Responsibility for an offense in the field of economic management is defined in the Economic Code of Ukraine, in accordance with which the following types of economic sanctions are applied:

compensation for damage;
penalties;
operational and economic sanctions.

The special legislation of Ukraine on intellectual property issues also defines quite a lot of ways to protect intellectual property rights. As a rule, the owner of violated intellectual property rights can use not just any, but some specific method of protecting these rights. Most often, it is directly determined by a special provision of the law or follows from the nature of the offense committed. More often, however, the owner of intellectual property rights is given the opportunity to choose how to protect it.

The Criminal Code of Ukraine establishes criminal liability for violation of intellectual property rights in the form of a fine, deprivation of the right to hold certain positions or engage in certain activities, correctional labor, confiscation of property, restriction or imprisonment for a certain period.

Administrative liability for violation of intellectual property rights, provided for by the Code of Ukraine on Administrative Offences, applies, in particular, when:

violation of intellectual property rights;
carrying out actions that constitute acts of unfair competition;
illegal distribution of copies of Audiovisual works, phonograms, video games, computer programs, databases;
violation of legislation that regulates the production, export, import of disks for laser reading systems, export, import of equipment or raw materials for their production.

International protection of intellectual property

The development and protection of intellectual property around the world is carried out by the World Intellectual Property Organization (WIPO), founded in 1967, and since 1974 it has been a specialized UN agency for creativity and intellectual property.

WIPO facilitates the signing of new international agreements and the modernization of national legislation, promotes administrative cooperation between countries, provides technical assistance to developing countries and maintains services that facilitate the international protection of inventions, marks and industrial designs. WIPO operates an arbitration and mediation center. Since 1999, WIPO has provided services to resolve disputes that arise regarding the registration and use of the most common typical Internet domain names (.com, .net, .org). WIPO administers 21 agreements that cover key aspects of intellectual property. The key agreements are the Paris Convention for the Protection of Industrial Property (), the Berne Convention for the Protection of Literary and Artistic Works (), the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (), and the Hague Agreement Concerning the International Deposit of Industrial Designs ().

In 2000, WIPO established the annual International Intellectual Property Day, aimed at raising awareness of the role of intellectual property in development.

Public Purposes of Intellectual Property

Finance

Intellectual property rights allow intellectual property owners to benefit from the property they create by providing financial incentives for creating and investing in intellectual property and, in patent cases, paying for research and development.

The economic growth

The Anti-Counterfeiting Trade Agreement states that “effective protection of intellectual property rights is critical to sustainable economic growth across all industries and around the world.”

A joint research project between WIPO and the United Nations University assessing the impact of intellectual property systems in six Asian countries found "a positive correlation between the strengthening of the IP system and subsequent economic growth."

Economists have also shown that IP can be a barrier to innovation if innovation is disruptive. IP creates economic inefficiency in the case of a monopoly. An obstacle to directing resources to innovation can arise when monopoly profits are less than the improvement in social welfare. This situation can be seen as a market failure as well as an appropriability issue.

Morality

According to Article 27 of the Universal Declaration of Human Rights, “Everyone has the right to the protection of his moral and material interests resulting from scientific, literary or artistic works of which he is the author.” Although the relationship between intellectual property and human rights is complex, there are arguments in favor of intellectual property.

Arguments for the morality of intellectual property:

Writer Ayn Rand argues that protecting intellectual property is a moral issue. She is convinced that the human mind itself is the source of wealth and survival, and that all property created by it is intellectual property. Violating intellectual property is therefore no different morally from violating other property rights, which jeopardizes the very process of survival and is therefore an immoral act.

Russian legislation in the field of intellectual property

In Russia, on January 1, 2008, Part 4 of the Civil Code came into force (in accordance with Federal Law dated December 18, 2006 No. 231-FZ), hereinafter referred to as the Civil Code of the Russian Federation, Section VII “Rights to the results of intellectual activity and means of individualization,” which defines intellectual property as a list of results of intellectual activity and means of individualization that are granted legal protection. Thus, according to the Civil Code of the Russian Federation, intellectual property is

The beginning of the manifestation of human intellectual activity 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 that distinguishes 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. The situation is different with intellectual property, since 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. A method is an algorithm for performing actions on a material object using technical means to achieve a result.

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 the appearance of a product 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 exclusive rights. 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.

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Intellectual property (IP) is a set of exclusive rights to specific results of human intellectual activity in any field (industrial, scientific, literary, artistic, etc.), as well as rights to means of individualization of legal entities, products, work performed, services.

IP is divided into two main areas of rights:

industrial property (solutions in the field of technology, means of individualization, selection achievements, know-how, etc.)

Industrial property is a set of legal norms governing relations arising in connection with the creation and use of inventions, utility models, industrial designs, trademarks, topologies of integrated circuits and the protection of undisclosed information (“know-how”), means of individualization of participants in civil circulation and etc.

Copyright concept. Objects and subjects of copyright

Copyright does not extend to the ideas, principles, method, processes, systems, methods, concepts, reports of events and facts underlying copyrighted works. Copyright in a work is not associated with the right of ownership of the material object in which the work is expressed.

An author is an individual whose creative work created a work. If a work is created by several authors (co-authors), copyright belongs to them jointly, regardless of whether the work is an inseparable whole or consists of parts, each of which has independent meaning.

producer of an audiovisual work;

person who publishes periodicals.

According to the agreement, the subject of exclusive property copyright can be any person to whom these rights have been transferred.

literary works;

scientific works;

dramatic and musical-dramatic works;

choreographic works;

musical works;

audiovisual works;

works of fine art;

works of decorative and applied art;

works of architecture and urban planning;

photographic works;

maps and similar works;

Derivative works (translations, adaptations, annotations, abstracts, summaries, reviews, dramatizations, musical arrangements and other processing of works of science, literature and art);

Collections (encyclopedias, anthologies, databases) and other composite works that, by the selection or arrangement of materials, represent the result of creative work.

official documents (laws, court decisions, other texts of a legislative, administrative and judicial nature), as well as their official translations;

state symbols and signs (flag, coat of arms, anthem, orders, banknotes and other signs);

The concept of related rights. Objects and subjects of related rights

Related rights (related rights) are relations arising in connection with the creation and use of performances, productions, phonograms and broadcasts of broadcasting or cable broadcasting organizations.

Subjects of related rights are performers, phonogram producers and broadcasting organizations.

Objects of related rights performances, phonograms and broadcasts of broadcasting organizations are recognized.

Related rights include the rights of performers to the works performed, the rights of producers of phonograms to their phonograms and the rights of broadcasting or cable broadcasting organizations. Consequently, the subjects of related rights are performers, producers of phonograms, broadcasting and cable broadcasting organizations. Related rights provide for the protection of the rights of those who assist the creators of works in bringing the author’s creative intent to the attention of a wide audience, and in this sense they are derivative and dependent on the rights of the creators of the work.

As a subject of copyright, the performer exercises his rights subject to the rights of the author of the performed work: the producer of the phonogram, the organization of on-air or cable broadcasting, in turn, exercises their rights within the limits of the rights received under the agreement with the performer and the author of the recorded or broadcast or broadcast cable of the work.

Property and non-property rights of authors. Duration of copyright

The most important property The rights of the author are the right to perform or authorize the following actions:

reproduction of the work;

distribution of the original or copies was made through sale or other transfer of ownership;

rental of originals or copies;

import of copies of the work;

public display of the original or a copy of the work;

public performance of a work;

broadcasting of the work;

other communication of the work to the public;

translation of a work into another language;

alteration or other processing of the work.

Reproduction is the production of one or more copies of a work or an object of related rights in any material form, including permanent or temporary storage in digital form in an electronic medium. Consequently, the right of reproduction means the right to re-give the work an objective form accessible to the perception of third parties.

The author's right of distribution is closely related to the right of reproduction, since before a work can be distributed, it must be produced in a certain number of copies. Distribution is the sale or otherwise introduction into civil circulation of a limited number of copies of a work.

The right to rent a work is defined as the provision for temporary use of the original or copies of a work and is relevant to the following types of works:

computer programs;

databases;

audiovisual works;

musical notation texts;

works embodied in phonograms.

At the same time, the right to rental does not apply to computer programs if the program itself is not the main object of rental, and to audiovisual works if their rental does not lead to widespread copying of such works.

The right to import allows the author to authorize or prohibit the importation of copies of a work for distribution purposes, including copies made with the permission of the author or other copyright holder. This norm assigns to the author control over the import into the territory of his rights of copies of the work created by him, manufactured abroad, and, thus, helps to reduce or prevent the flow of counterfeit products across customs borders.

The right to public display and the right to publicly perform a work are legally recognized as important property rights. Public display means the presentation of a work (mainly works of fine art) to the public directly or through technical means (for example, television, images on a screen using a projection device, etc.).

Public performance is the presentation of a work to the general public through play, recitation, live dance, or using technical means.

The law assigns to the author the right to authorize or prohibit the broadcast and other communication of a work to the public. Broadcasting means making a work available to the public by means of special radio signals, including transmission of signals via satellite. Broadcasting also includes the direct broadcast of a work from the place where it is shown or performed.

The author has the right to authorize or prohibit broadcasting not only via wireless communications, but also via wire and cable television. In all cases, the work is brought to a wider than usual audience.

The right to otherwise communicate a work to the public concerns the author’s ability to authorize or prohibit the communication of the work through unrestricted access to it by members of the public. This is primarily due to the author’s right to authorize or prohibit making his work available to the public through the Internet information network.

The author or his legal successor has the right to carry out or authorize the translation of the work into another language. This is also one of the forms of using the work. Authors themselves rarely translate their works into another language and, as a rule, use the services of those organizations that intend to use their work in translation. In this case, the author agrees to translate, and the organization undertakes to provide a high-quality translation of the work.

The exclusive right of the author includes the right to remake or otherwise process the work. Works created as a result of creative processing become new objects of copyright. The right to rework a work applies to all types of reworking.

- the right to use or permit the use of a work under the author’s true name, pseudonym or without indicating a name, i.e. anonymous (right to name);

the right to protect the work, including its title, from any distortion or other infringement that could damage the honor and dignity of the author (the right to protect reputation);

the right to publish or authorize the publication of a work in any form (the right of publication).

The right of authorship is determined by the need to recognize the connection of these results with the activities of specific authors. The right of authorship is inseparable from the personality of the author, is inalienable and non-transferable for any reason, including by contract or by inheritance.

The right of authorship is absolute and arises from the moment of creation of the work. The absolute nature of the right of authorship is expressed, firstly, in its objectivity (both the work itself exists objectively and authorship objectively), and secondly, in the fact that all other rights, both personal non-property and property, are derived from it and thirdly, the duty of all other persons to refrain from copyright infringement.

The right to a name is directly related to the right of authorship. This right arises, just like the right of authorship, from the very fact of creation of the work, but is realized, unlike the right of authorship, only in the case of publication of the work.

1) by indicating his true name (the completeness of the indication is determined by the author himself) on a copy of the work;

2) publication under a fictitious name (pseudonym);

The right to protection of reputation means the right of the author to publish the work in the form in which he wishes to present it to society. This right also lies in the fact that during public performance or other use of a work, without the consent of the author, no changes can be made either to the content of the work or to the designation of the author’s name. In other words, the author has the right to preserve his creative individuality, and without his consent it is impossible to make any changes (reduce the volume, change the content of individual parts in order to improve them, violate the integrity of the work, etc.).

The right to publication is considered one of the essential non-property rights and provides the author with the opportunity to bring the work to the public, i.e. carry out public announcement of the work.

The author himself decides the issue of making the work public, including the time, place and method of public announcement and, naturally, the readiness of the work for distribution to an indefinite number of people. Apart from the will of the author, no one has the right to force him to make his work public.

The law determines that personal non-property rights belong to the author regardless of his property rights and remain with him even after the assignment of exclusive non-property rights to use the work.

The right to authorship, the right to name and the right to protect the author's reputation are retained indefinitely. Property rights are valid throughout the life of the author and 50 years after his death. For an anonymous or pseudonymous work, the period of protection is 50 years from the date of the first lawful publication of the work, communication to the public or creation.

Legal protection of inventions

Invention is a technical solution related to a product or method that has novelty, inventive step and industrial applicability. An invention is a specific object as a result of human labor, or a process, technique or method of performing interrelated actions on an object (objects), as well as the use of a process, technique, method or product for a specific purpose.

The exclusive right is certified by a patent. A patent is a document issued by the patent authority on behalf of the state that certifies authorship, priority of an object of industrial property and the exclusive right to use it. The patent has a territorial effect. The patent is valid for 20 years with the possibility of extension for no more than 5 years (if the use of the product in which the invention is used requires permission from the authorized body).

The following are not considered inventions:

discoveries, scientific theories and mathematical methods;

decisions relating only to the appearance of the product and aimed at satisfying aesthetic needs;

plans, rules and methods of intellectual activity, conducting games or carrying out business activities, as well as algorithms and programs for electronic computers;

simple provision of information.

The object of the invention may be:

device (for example, machine, device, tool, part, etc.);

method (for example, a method of manufacturing products, applying coatings, a method of treatment, etc.);

substance (alloy, mixture, solution, chemical compound, etc.);

biotechnological product;

use of a device, method, substance, biotechnological product for a specific purpose.

An invention in any field of technology is granted legal protection if it is new and has an inventive step and is industrially applicable.

The invention is admitted new, unless it is part of the prior art. This is the first condition (criterion) of patentability. The invention has inventive step(second condition), if it does not clearly follow from the prior art for a specialist.

State of the art is an extremely broad concept. It includes all sources of information available to an indefinite number of persons, known before the priority date. These are published applications and descriptions of patents, any publications (articles, reviews, monographs), reports on research work, design, technological, design and regulatory documentation registered with the authorized body, dissertation materials, messages in the media and other documented information.

Criterion inventive step means that the solution is the result of creative activity, i.e. it is characterized by a new set of declared characteristics.

The invention is industrially applicable(third condition) if it can be used in industry, agriculture, healthcare and other fields of activity. This determination involves an assessment of the fundamental suitability of the invention for use in any sector of the economy for the purpose specified in the application materials.

Legal protection of utility models

Utility model is a technical solution related to devices that is new and industrially applicable.

A utility model is new if the set of its essential features is not part of the state of the art. The level of technology includes any information about devices of the same purpose as the declared utility model, known before the priority date (established by the date of filing the application with the patent authority).

A utility model is industrially applicable if it can be used in industry, agriculture, healthcare and other areas.

Unlike an invention, the inventive step requirement does not apply to a utility model.

The exclusive right is certified by a patent, the application for which undergoes a formal examination. The patent is valid for 5 years with the possibility of extension for no more than 3 years.

The Internet has very quickly become an integral part of the life of almost every person. It is not surprising that the rules governing intellectual property rights sometimes fail to keep up with such rapid development. The number of lawsuits triggered by their violation is growing exponentially. In this regard, it is necessary to have a clear understanding of what protected intellectual property objects are and how they are protected.

Concept and objects of intellectual property

World Intellectual Property Organization (WIPO) was established on July 14, 1967. The Convention establishing it, signed in Stockholm, defines intellectual property quite broadly. She considers the following objects of intellectual property protection:

literary, artistic works and scientific works (protected by copyright);
performing activities of artists, phonograms and radio broadcasts (protected by related copyright);
inventions, utility models, industrial designs, trademarks, service marks, trade names, commercial names and designations (protected by patent law and industrial property law);

In the legislation of individual states, including the Russian Federation, the concept of intellectual property is somewhat narrower, but not by much. Although the Civil Code does not define this phenomenon and does not formulate the rights that relate to intellectual property, it plays an important role in the formation of the legal system that addresses this issue. Section VII of the Civil Code is entirely devoted to the protection of exclusive rights; it clearly distinguishes two groups into which objects of intellectual property in the Russian Federation:

directly the results of intellectual activity;
means of individualization equated to them;

Objects of intellectual property and their characteristics

Article 1225 of the Civil Code interprets intellectual property as the results of intellectual activity and means of individualization that are protected by law. Characteristic features of intellectual property:

Intellectual property is intangible. In this way it differs radically from the classical understanding of property. Owning any thing, you have the right to dispose of it at your own discretion. But it is impossible to use the same item with someone else at the same time. Possession of intellectual property makes it possible at the same moment to use it for personal needs and allow another person to own it. In addition, there may be hundreds of thousands and even millions of such owners, and each of them will have the right to use the intellectual property;
intellectual property is absolute. This implies that one holder of the rights to an intellectual property object is opposed to all persons who do not have the right to use this object until they receive official permission from the owner. Moreover, the fact that a ban on use has not been announced does not mean that everyone can use it;
intangible objects of intellectual property are embodied in tangible objects. By purchasing a book, you become the owner of only one copy out of a circulation of many thousands, but at the same time you have not acquired any rights to the novel printed on its pages. You have the right to dispose at your own discretion only of the information carrier that belongs to you - sell, donate, constantly re-read. But any interference with the text of the work, its copying for the purpose of distribution will be unlawful;
in Russia, an object must be explicitly named as intellectual property in the law. Not every result of intellectual activity or means of individualization falls under the definition of intellectual property. For example, a domain name individualizes a website on the Internet and can serve as a means of individualizing the person who created this resource, but it cannot be considered intellectual property, since this is not provided for by law. Scientific discoveries, of course, occur as a result of intellectual activity, but at the moment they are not considered an object of intellectual property protection in the Russian Federation;

Main types of rights to intellectual property

Personal non-property rights.

They cannot be taken away or transferred to another person; the owner of such rights can only be the author, and measures to protect them can be initiated either by the author or his heirs. Cases where these rights arise are listed in the legislation.

Exclusive right.

Its owner can be a citizen or legal entity, one entity or several at once. It implies the possibility of using intellectual property in various forms and in ways that do not go beyond the law, including preventing cases of their use by third parties without obtaining prior consent. The absence of a ban does not mean the opposite.

The validity of the exclusive right is limited to the periods established by law.

Within the Russian Federation, there are exclusive rights to objects of intellectual property protection, which are regulated by the Civil Code of the Russian Federation and international treaties.

Other rights.

There are also rights not listed above. These include the right of access and the right of succession.

Intellectual rights are not directly related to the right of ownership and other proprietary rights to the material medium (thing) necessary for their reproduction or storage.

What are the different types of intellectual property (examples)

1) Works of science, literature and art.

literary works. The legislation of the Russian Federation means by this term a work of any genre that expresses thoughts, images and feelings using words. Its obligatory characteristic is the originality of composition and presentation. The concept of a literary work, in addition to artistic works, also includes scientific, educational and journalistic works. The form of the work does not have to be written; it can be an oral presentation, including in front of any audience. The carriers of a literary work can be paper, a compact disc, a tape recording, or a gramophone record.
letters, diaries, personal notes. Protected intellectual property includes letters, diaries, personal notes and other similar documents of an individual nature. Moreover, from the point of view of the law, all of them are included in the group of literary works. Only their author has the exclusive right to dispose of letters and diaries, therefore, without his consent, their publication and other distribution is illegal. It does not matter how valuable the content of personal documents is in terms of literary heritage. The law is equally committed to protecting the letters of both a famous writer and scientist and an ordinary person. The main criterion in this case is the individual nature of the information contained in them. To publish personal notes and diaries, you must first obtain the consent of the author and the addressee when it comes to letters.
interviews, discussions, letters to the editor. An interview is a conversation during which a journalist, reporter, or presenter asks questions to an invited person whose opinion on the issues under discussion is of public importance. Subsequently, a recording of this meeting is published in print or online publications or broadcast on television and radio.
The object of interviewing is most often a person whose personality is of increased interest to a certain audience. In order for his characteristic features to be revealed during the conversation, his intelligence and humor to appear, the questions asked of him must be interesting, at times even provocative. If the meeting plan is carefully thought out by the journalist, and the composition is competently built, such an interview has every chance of becoming the object of intellectual property protection.

Letters from readers or listeners sent to media editorial offices are not inherently private in nature and can be published if the letter itself does not contain a corresponding prohibition. It is also considered subject to intellectual property protection because it implies creativity in its writing. The author’s position on the issue that served as the topic of the appeal comes first, as well as his thoughts on this matter, the manner of presentation, including the literary techniques used in the letter.
translations. Translation of any text into a language other than the original language is considered a separate type of literary work protected by law. It should be borne in mind that translating into another language requires the translator, first of all, to preserve the style of the original work, and he must also select language means that most accurately correspond to those that the author used when creating his text. But when the translator is faced with the task of not conveying all the artistic colors of the source, but only performing a literal translation, the so-called interlinear translation, the result of his work will not be the object of legal protection of intellectual property.
computer programs. Today, computer software is considered a separate, very important type of product, which is the result of intellectual creative activity using complex equipment. It is no secret that the cost of production of software significantly exceeds the devices for their use - computers and smartphones. By Russian legislation, computer programs and databases are equated to literary and scientific works, but are not considered inventions. As an object of intellectual property, a program for electronic computers is a unique set of data and commands designed to achieve a specific result in the operation of computers and similar devices. This also includes materials received during its development, as well as the video and audio that is played while using the application. But the protection of programs cannot be considered absolute: they are prohibited from being copied without the permission of the authors, but the algorithms underlying their work are not protected in any way.
dramatic works. Objects of intellectual property that are subject to copyright protection also include dramatic works, regardless of their genres, methods of execution on stage and forms of expression. From the point of view of the law, dramatic works represent a special type, which has specific artistic means and a method of demonstration. For example, the text of a drama is dominated by dialogues and monologues of the characters, and such works are performed primarily in front of an audience on stage.
musical works. When artistic images are conveyed using sounds, the work is considered musical. The specificity of sound is that it creates pictures or actions in the listener’s imagination, without resorting to specific meaning like text, or to visible images like painting. At the same time, the sounds are organized by the will of the composer into a harmonious structure that has a unique intonation. Works of musical art are perceived by listeners either directly when performed by musicians, or using a variety of sound media - records, cassettes, CDs. Works performed in front of the general public are protected as intellectual property.
scenarios. Also included in the list of objects of intellectual property protection are scripts that serve as the basis for productions of films, ballets, and festive public performances. They can be different and meet the requirements of exactly those genres of art for which they are intended. Thus, the script of the film is completely different from the script for the closing of the Olympic Games. At the same time, it is considered an object of intellectual property and is subject to protection, regardless of whether it is original or created based on any literary work.
audio and video. Perhaps the most widespread group today consists of audiovisual works, which include many different forms that imply simultaneous sound and visual perception by the public. These are movies, TV shows, video clips, cartoons. Each of these types, in turn, is divided into specific genres and methods of performance. What they have in common is that they are all designed for the simultaneous perception of visual and auditory images; successive images are inextricably linked with the accompanying cues and music. A large number of authors are simultaneously working on the creation of such works, the contribution of each of them is necessary to create a complete work of art. However, this does not exclude the possibility that, for example, elements of one film - costumes, scenery, shots - may act as separate objects of intellectual property protection.
works of fine art and decorative art. There are so many forms and technical methods for implementing creative ideas that it is not possible to fully describe in legislation all possible types of works of fine art that may be objects of intellectual property protection.
Of course, this includes masterpieces of painting, graphics, sculpture, monuments, design developments, comics and many other ways of expressing artistic thought. They are united by one common feature: works of fine art cannot exist in isolation from the material media with which they are brought to life. Thus, masterpieces of painting cannot be separated from the canvas on which they are painted, and statues of Italian Renaissance masters cannot be separated from the marble from which they are carved. It is common for works of this type to exist in a single copy, and therefore in their relation there is a need to distinguish between the ownership of a specific sculpture and the copyright of an artistic work.
copies of works of art. The specificity of works of fine art is that they can not only be replicated through printing, but also be recreated in the form of a copy. Naturally, such reproduction of objects of legal protection of intellectual property can be carried out exclusively with the consent of the copyright holder - the author, his heirs, or with the permission of the owner, for example, a museum. The exception is works of fine art that are on public display, in particular, monuments that are allowed to be copied without restrictions if the terms of protection have long expired.
works of decorative and applied art and design. Distinctive features of works of decorative and applied art include their intended use in everyday life and, at the same time, highly artistic execution. In other words, they meet at the same time the requirements of utilitarianism and the cultivation of artistic taste. In some cases, such items may exist in a single copy, but most often they are produced en masse. Before starting production of a work of decorative and applied art, the manufacturing enterprise must have the sketch approved by a specially created artistic council. From this moment it becomes an object of intellectual property and is subject to protection.

2) Inventions, utility models, industrial designs.

invention. Objects of intellectual property are inventions if it is a newly created device, method, substance or strain of a microorganism, a culture of plant or animal cells. Inventions also include the use of a previously known device, method, or substance for a completely different purpose. In particular, devices are represented by machines, instruments, mechanisms, and vehicles.
utility model. This concept refers to innovative solutions in the form of devices intended for use in industry for the manufacture of means of production and consumer goods. Their difference from inventions is that they are purely utilitarian in nature and are not a significant contribution to the development of technology. Like other objects of industrial intellectual property, a utility model is the result of the creative activity of a person or group of people, has the attribute of novelty and the possibility of use in industry.
industrial model. An industrial design is understood as a variant of the artistic and constructive solution of a product, which is the standard of its appearance. What it has in common with invention is that it, being the result of mental labor, is embodied in material objects. But, unlike an invention, which substantiates the technical side of a product, an industrial design is aimed at solving its external appearance, including the development of precise methods for implementing design ideas.

3) Means of individualization.

brand names. The word “firm” in Russian business language serves to designate an entrepreneurial structure, which allows it to be distinguished from many similar entities. The company name must include an indication of the organizational and legal form of the enterprise (LLC, OJSC, CJSC, PJSC), the direction of activity (industrial, scientific, commercial). The law prohibits the use of words in a company name that may mislead consumers.
trademark. This object of intellectual property serves to designate the ownership of goods produced by different companies to one or another manufacturer. A trademark is a symbol placed directly on a product or its packaging, and serves to identify the product of a particular manufacturer among similar ones.
Trademarks, depending on the form chosen by the owner company, can be figurative, verbal, combined, three-dimensional and others.

Trademarks expressed in words have many variations. The most common options include the use of the names of famous people, characters in works, heroes of myths and fairy tales, names of plants, animals and birds, and planets. Often there are references to words from the ancient Roman and ancient Greek languages, as well as specially created neologisms. A trademark can also be a combination of words or a short sentence. The object of intellectual property protection is also considered to be the visual design of a verbal trademark (logo).

Fictive trademarks involve the use of various designs and symbols. Volumetric signs- this is any three-dimensional object that the company considers to be an object of intellectual property protection. An example is the original shape of a bottle of strong alcohol.

Combined trademarks combine all of the above characteristics. The simplest example of this type of trademark is labels on bottles or candy wrappers. They record the verbal and visual components of the trademark, including the corporate color palette.

In addition to the above, the law allows you to register trademarks in the form of sound combinations, aromas and light signals. Most often, this is initiated by foreign manufacturers.
service sign. Close in purpose to a trademark is a service mark. It is intended to distinguish the services provided by a particular individual or entity from others of a similar nature. In order for a service mark to be officially recognized as such, it must be new and have been registered. In Russia, the requirements for trademarks and service marks are identical.
names of places of origin of the goods. The appellation of origin of a product implies the use of the name of a country, city, or town in the designation of a product to identify it due to its unique properties that are determined by the characteristics of its geographical origin, human factor, or a combination thereof. Although at first glance this piece of intellectual property is similar to a trademark and service mark, it has distinctive features. This is a mandatory indication of the origin of the product from a specific state, region or area. Options can be the name of the country (Russian), city (Volgogradsky), village (Sebryakovsky). Both officially recognized names (St. Petersburg) and slang names (Pitersky) can be used; both full (St. Petersburg) and abbreviated (Petersburg), both used today (Petersburg) and consigned to history (Leningrad).

Non-traditional intellectual property

The word “non-traditional” in relation to this group intellectual property objects motivated by the fact that their protection is not subject to either copyright or patent law.

Non-traditional objects include:

1) topology of integrated circuits

The topology of an integrated circuit is the spatial-geometric arrangement of a set of elements and connections between them, imprinted on a material medium, namely on a crystal. This intellectual property is of particular interest for unauthorized copying by interested parties, so its protection must be carried out with particular care.

2) selection achievements

Selection is human actions aimed at obtaining plants and animals with a predominance of the necessary characteristics. In this case, the protected objects of intellectual property are achievements in solving a certain practical problem, namely a new variety of plant or breed of animal.

3) know-how

Trade secret (know-how) is technical, organizational or commercial information that is protected from unauthorized use by third parties. The mandatory conditions for classifying information as know-how are the following:

it has some present or future commercial value;
there is no free access to it on the basis of the law;
the owner ensures its protection to maintain confidentiality;

The Law of the Russian Federation “On Trade Secrets” regulates legal norms relating to the protection, transfer and use of trade secrets. In this case, know-how is considered as the results of intellectual activity, which are subject to protection as a trade secret.

At the same time, the concept of a trade secret covers a wider range of phenomena than production secrets (know-how). It may include various databases, accounting documents and other information that should not become available to a wide range of people for any reason. Naturally, such information is not subject to intellectual property protection, although it has common features with it.

The classification of the above objects as non-traditional is due to their ambiguity when trying to accurately determine the type of legal protection. A huge number of lawsuits to protect this information are caused by the need for legislative regulation of this area. The specificity is manifested in the fact that protection actions in this case are aimed not at the form, but exclusively at the content of the intellectual property object.

How the exclusive right to intellectual property is transferred

Based on Article 1232 of the Civil Code, the right to the result of intellectual activity is recognized and protected subject to its state registration. Alienation of the exclusive right to a result of intellectual activity or the granting of the right to use such a result under an agreement is carried out through state registration of the relevant agreement: an agreement on the alienation of an exclusive right or a license agreement.

According to paragraph 1 of Article 1234 of the Civil Code, “under an agreement on the alienation of an exclusive right, one party (the copyright holder) transfers or undertakes to transfer its exclusive right to the result of intellectual activity... in full to the other party (the acquirer).”

In accordance with paragraph 1 of Article 1235 of the Civil Code, “under a license agreement, one party is the holder of the exclusive right to the result of intellectual activity... (the licensor) grants or undertakes to grant the other party (the licensee) the right to use such result... within the limits provided for by the agreement. The licensee may use the result of intellectual activity... only within the limits of those rights and in the ways provided for in the license agreement.” Consequently, when signing an agreement for an intellectual property item, the cost depends on the scope of the rights to use it that the licensee acquires.

Who controls goods containing intellectual property and how?

To begin with, it is necessary to remember that an economic product that contains the result of intellectual activity and does not have proprietary intellectual rights to it reflected in the license agreement is called counterfeit.

When considering products that include objects of intellectual property protection, customs authorities in the practice of their activities distinguish two types of goods that can be called counterfeit products:

a product that is an imitation of original products (counterfeit);
original goods that are imported into the territory of the Russian Federation in violation of legislation in the field of intellectual property;

Article 51 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which deals with special requirements for border measures, deals with goods that unlawfully use a trademark, as well as goods that have been produced in violation of exclusive rights. In this case, the first group includes all products and their packaging that are illegally marked with a trademark belonging to another person, or a mark that is very similar to the registered one. These actions undoubtedly violate the rights of the owner of this trademark. All goods that are the result of copying made without obtaining the proper consent of the copyright holder or the person authorized to protect the intellectual property are considered to be produced in violation of rights.

The sequence of actions when protecting intellectual property is provided for in Part 4 of the Civil Code. Ensuring the legal procedure for providing legal protection to intellectual property objects in the Russian Federation is one of the main functions of FIPS. The Federal Customs Service carries out activities to protect intellectual property rights within its competence, namely customs control of goods containing intellectual property crossing the state border. At the same time, a distinctive feature of customs activities in this area is that it is not the intellectual property objects themselves that are subject to customs control, but goods containing intellectual property objects transported across the border of the Russian Federation.

Within the limits of their powers, customs authorities may take measures aimed at suspending the release of goods, based on the application of the copyright holder of exclusive rights to objects of copyright and related rights, to trademarks, service marks and the right to use the appellation of origin of goods. At the same time, the scope of actions of customs authorities does not include issues of ensuring the protection of rights to inventions, utility models, industrial designs, breeding achievements, topologies of integrated circuits, production secrets (know-how), commercial designations and unified technologies. But this provision should not be associated with the customs assessment of goods containing intellectual property. For goods that include any type of intellectual property protection object, the customs value is calculated taking into account the value of such intellectual property object.

How are rights to intellectual property protected?

According to current legal norms, all disputes the subject of which is the protection of violated rights to intellectual property, considered and resolved by the court.

To consider claims related to the protection of such rights, a special division of the arbitration court has been created - the Intellectual Rights Court.

At first instance, it considers cases and disputes:

on the recognition as ineffective in whole or in part of regulatory legal acts of federal executive authorities, in particular, in the field of patent rights, rights to achievements of breeding activities, to the topology of integrated circuits, to production secrets (know-how), to means of individualization of legal entities, goods , works, services and enterprises, rights to use the results of intellectual activity as part of a unified technology;
on the need for legal protection or on the termination of its validity in relation to the results of intellectual activity and means of individualization of legal entities, goods, works, services and enterprises (except for objects of copyright and related rights, topologies of integrated circuits), including:
1. on recognizing as unlawful the decisions and actions (inaction) of Rospatent, the federal executive body for selection achievements and their officials, as well as bodies authorized to consider applications for a patent for secret inventions;
2. on invalidating the decision of the Federal Antimonopoly Service to recognize as unfair competition actions related to the acquisition of an exclusive right to means of individualization;
3. on identifying the owner of the patent;
4. on invalidation of a patent, decision on granting legal protection to a trademark, appellation of origin of a product and on granting an exclusive right to such a name;
5. on early termination of legal protection of a trademark due to its non-use;

Cases on claims corresponding to the above problems are subject to consideration by the Intellectual Rights Court, regardless of who exactly the parties to the legal relationship are - organizations, individual entrepreneurs or ordinary citizens.

A special form of intellectual property protection is application of administrative procedure, which consists of consideration by the federal executive body for intellectual property and the Ministry of Agriculture (for achievements in the field of selection) of issues related to the filing and consideration of applications for patents for inventions, utility models, industrial designs, selection achievements, trademarks, marks services and appellations of origin of goods. Also, the competence of these bodies includes registration of the results of intellectual activity and means of individualization with the mandatory issuance of title documents, challenging the granting of protection to these results and means of legal protection or its termination. The decisions of these bodies come into force from the date of adoption. If necessary, they can be challenged in court in accordance with the procedure established by law.

Claims for the protection of intellectual property may be filed by the owner of the rights, organizations for managing rights on a collective basis, as well as other persons provided for by law.

The methods used to protect intellectual property are divided into general, listed in Article 12 of the Civil Code, and special, which are specified in Part 4 of the Civil Code.

In the process of protecting personal non-property rights, the following are applied:

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 a violation;
protection of honor, dignity and business reputation of the author;

Protection of exclusive rights to objects of intellectual property and means of individualization is carried out both by general and special methods.

General claims include:

on recognition of a right - to a person who denies or otherwise does not recognize the right, thereby violating the legally protected interests of the right holder;
on the suppression of actions that violate the right or create a threat of its violation - to the person committing such actions or making the necessary preparations for them, as well as to other persons who have the power to suppress such actions;
on compensation for damages - to a person who illegally used the result of intellectual activity or a means of individualization without first concluding an agreement with the copyright holder (non-contractual use) or who committed a violation of his exclusive right in another form and caused him damage, including violating his right to receive remuneration;

The following are used as special methods of protecting intellectual property:

the ability to recover compensation instead of damages. Compensation is subject to recovery if the fact of an offense is proven. In this case, the copyright holder who applied for protection of the right is not required to prove the amount of damage caused to him. The amount of compensation is determined by the court based on the limits established by the Civil Code of the Russian Federation, depending on the nature of the violation and other circumstances of the case and taking into account the requirements of reasonableness and fairness;
presenting a demand for the seizure of a material carrier to its manufacturer, importer, custodian, carrier, seller, other distributor, or dishonest purchaser;
publication of a court decision on a violation, indicating the real copyright holder;
liquidation by court decision of a legal entity in respect of which a repeated or gross violation of exclusive rights has been established, at the request of the prosecutor, as well as termination of registration of a citizen as an individual entrepreneur;

It is possible to protect intellectual property using technical means, criminal and administrative measures.

However, the main point of this process should be the registration of rights to an object of intellectual property. If you are not the owner of the title documents, you will have to prove your direct involvement in the development of the object of protection.

As you can see, registering the right to an object of intellectual property is a complex and lengthy process. If you do not want to go too deep into this issue or want to get the perfect result right away without making mistakes, then you should trust the professionals. You can use the services of the Tsarskaya Privilege company, which has extensive legal experience. Specialists will monitor the entire registration process from the first days of application until obtaining rights to the intellectual property.

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, not only the violation of exclusive (property) rights is of great importance, but also the 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 bodies, for example, in court or a 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 the federal executive body for 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 a given work at a given time under the name of a given author. Various methods can be used to achieve this confirmation, but the most commonly used are 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.

A legal entity that 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 a commercial designation has not yet found widespread use, mainly due to its lower image in the business environment.

Methods/opportunities for protecting intellectual property
on this site

rights, patenting technical solutions for complex
works, for example, website

Issuance of patents by Rospatent
for an invention, utility model, industry
linen sample,
witness
stva for commodity
sign

Exceptional

new
rights in practice
professional implementation of design, architecture, landscape
accordingly
published
new projects

commercial designation
and brand name, transfer fixation
organization rights
/enterprise

More detailed information on the protection of intellectual rights can be obtained in the relevant sections of the site.

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