Intellectual Property Law: Basic Concepts

Intellectual property right is a human 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 both property and non-property. Also, not a single person who has created something with his mind can be deprived of this right and limited in it.

intellectual property law

The result of human activity can be a database, a literary work, a picture, a computer program, data on video or audio media, scientific discoveries, inventions. The subject who has the right of intellectual property is the person who created the object.

If we talk about property and non-property rights, then the first option includes:

- Official recognition of the person by the creator of the object. In doing so, he can use his invention as he pleases. The subject is also entitled to allow or prohibit the use of his property by other persons.

- The need to protect their own invention from the encroachments of another entity who wants to appropriate all rights or destroy the object.

intellectual property right

As for the other type of rights, they exist regardless of the legislative norms, although there are cases in which they can transfer to another entity.

Intellectual property law has certain expiration dates. If it is non-property, then it can act forever. If property rights are provided for , then they shall be valid for as long as established by law in each specific case. Moreover, they can be terminated prematurely.

Intellectual property law allows the entity to use the object at its discretion. However, the rights of others must be respected. If the person who created the thing or item allows other people to use it, then they must do so within the framework of the current legislation. Naturally, to use the object you need to have a permit document - a license.

If the object was created in connection with the fulfillment of the conditions of the labor contract, then the right to intellectual property may belong to the person with whom the inventor works. But this applies to non-property rights. If they are property, then they belong to the employee who created the facility, to his superiors or may be shared.

intellectual property rights

If an object or invention was created by reservation, then the creator of the object owns non-property rights, and the customer owns property rights. Also, the creator and the customer can jointly own the object.

Each creator can be sure that his invention will not be used by another person without his permission. Intellectual property rights are protected by law, which provides for liability for their violation. Most often, property owners can defend their rights in court, unless otherwise provided by law.


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