In a state of law, the law must protect the right to private property of any kind. It should have a clear definition of the types of property, and an effective mechanism for the protection and punishment for the theft of any type of property should also be developed. The fight against the violation of these rights must be systematic. Only in a state where all the rights of citizens are reliably protected is progress and prosperity possible. This is one of the fundamental principles. Next will be considered the concept and objects of intellectual property.
Intellectual Property Definition
The Civil Code gives precise definitions of the concepts of intellectual property (IP), according to which it is a product of the activity of human intelligence. It also includes means of individualization, which are protected by law.
The main differences of intellectual property are the following facts:
- Since intellectual property as an object of civil rights is not a material means, there is the possibility of sharing its products. Moreover, these rights can be enjoyed by millions of people at the same time using the same IP object.
- The result of the work of human intelligence is absolute. This means that the patent holder may be opposed by other individuals and legal entities. Without permits, they are not authorized to use IP. The absence of a ban on the patent holder does not give the right to use this type of property. In other words, it is not prohibited - it does not mean allowed.
- Intangible objects of civil legal relations of intellectual property become tangible objects. For example, buying a music disc, the buyer becomes the owner of the disc, but at the same time does not have any rights to the piece of music itself. He cannot modify this work, copy it for resale to other persons. This is an important feature of intellectual property.
- In the Russian Federation, an asset must be recognized legally as its intellectual property. Not any objects of human activity can be considered objects of civil legal relations of intellectual property. IP activity products that are not registered in the Civil Code of the Russian Federation are not considered as such. For example, inventions are undoubtedly the IP of inventors, but are not recognized as such in the Russian Federation.
Human Intellectual Property Results
The Civil Code of the Russian Federation prescribes the results of mental work, which are considered to be the IP of individuals. If the product of human intelligence is not in this article, then, according to the law, it cannot be considered IP, which means that legal relations do not arise. Anyone can use this product of intellectual activity. In this case, he is not required to ask permission.
Intellectual property as an object of civil rights is divided into types, which are sometimes called IP law institutions. These include:
- Patent Law
- Related Law
- Non-traditional objects of intellectual property in the Russian Federation.
- Means of individualization.
Such types of intellectual property are highlighted in the legislation of Russia.
The definition of this type of IP is spelled out in the provisions of the Paris Convention. Its resolution listed all the subjects of the PS. According to the conclusions of the Convention, which intellectual property is related to industrial property (IP)?
- Patents of inventions.
- Permission to use utility models.
- Possession of product samples.
- Signs of service.
- Brand Names.
- Names indicating the places of production of goods.
In order to increase the security of industrial conditions, methods have been developed to combat unfair competitors.
Intellectual rights are rights recognized by the Civil Code for intellectual property as objects of civil rights. These rights are divided into 3 types:
- Exclusive right.
- Non-property rights.
- Other rights.
The exclusive right provides the opportunity to apply IP by any available means. It provides for the likelihood of a ban on third parties from using IP without permission from the author. Exclusive law applies to all products of the work of human intelligence.
Non-property right is the competence of each citizen of the Russian Federation on the products of his mental activity. It occurs in cases prescribed in the Civil Code.
Other rights are distinguished by their heterogeneity and stand out in a separate group. These include the right of access, as well as the right to follow.
Transfer of intellectual property
IP cannot be assigned to other persons, since it is not material. Therefore, intellectual property rights are transferred to IP products. Most often, an exclusive right is transferred. If one owner of the other is vested with exclusive right, the latter loses the legal right to the transferred product of mental activity. There is also the possibility of transferring and using an intellectual property subject to a license agreement. With this method of transferring IP, a person to whom an exclusive right is granted under the agreement gets the opportunity to use the subject of the agreement within the framework specified in the document.
There are two types of licenses: exclusive and simple licenses. Upon conclusion of an exclusive license agreement, the holder is deprived of the right to enter into an agreement with other persons. If a contract is concluded under a simple license, the citizen retains the right to conclude contracts with other licensees. The patent holder also has the right to inherit intellectual property (under the Civil Code).
Intellectual Property Products
The state stands guard over the interests of its citizens and their IP. If human IP rights are violated, the patent holder should file a lawsuit with the courts. Cases relating to violations in the field of intellectual activity are decided by the courts. The state has created a judicial unit that deals with the resolution of intellectual disputes, protecting the interests of copyright holders. The jurisdiction of this judicial body includes:
- Termination of protection of the subject of intellectual activity.
- Invalidation of a patent for an invention.
- Impact on decisions of the patent authority.
- Establishing the law of patent ownership.
By contacting the courts, the owner of the product of intellectual activity will be able to achieve:
- Recognition of its patent on intellectual property as an object of civil rights.
- Restoration of their interests in the event of their unlawful deprivation.
- Material and moral compensation for damage caused to him by intruders.
- Protect your honor and dignity.
- Assessment of the damage that was caused to him during the use of the products of his intellectual activity, without his knowledge.
- Suppression of actions, the ultimate goal of which is the unlawful alienation of his rights to IP.
In the case of gross violations of IP rights by a legal entity, the court has the right to annul its certificate of an entrepreneur, which ultimately leads to the closure of the enterprise. IP products are also protected by trademarks, the falsification of which is punishable by law.
Open Licenses in the Field of Intellectual Property
The legislation of the Russian Federation provides for the issuance of open licenses to increase the investment climate.
An open license is the appeal of a subject of law who is the owner of a title of protection submitted to the competent authorities of the Russian Federation for publication in the official publication. This appeal expresses the desire of the patent holder to issue permission to use his product of intellectual activity to other individuals or legal entities.
In the presence of such an appeal, persons wishing to use this permission conclude an open license agreement with the person who is the patent holder. If such an agreement is concluded, the amount of the fee provided for maintaining the patent will be reduced by 50% starting from the next year after the publication of the appeal in the official publication of the federal authorities.
Under the Civil Code, intellectual property products (IP) that are protected by the legislation of the Russian Federation are considered objects of intellectual property.
In IP, there are many items of intellectual activity. All of them are in the legal field and are regulated by the legislation of the Russian Federation. For greater convenience, they are grouped together. The objects of intellectual property are:
- Property, which can be called a literary work, a work of art. The classic examples of this group are literary works, memoirs of prominent personalities, scientific articles, and performances.
- Inventions, including the creation of mechanisms unknown to science, the improvement of technologies, existing models, devices that improve the manufacture of industrial goods, new industrial designs, improve the therapeutic effects of drugs or create completely new ones, etc.
- Means of individualization - the invention of new trademarks, change of trade names, new service marks.
- Unconventional objects, which include the improvement of various microcircuits, the breeding of new plant species, improvements in the field of selection and genetics.
A literary work is considered to be an exposition of thoughts, one’s feelings, one’s own view of the images set forth using the word in an original way. The concept of literary work includes both works of art and scientific works, works of publicists, chronicles, and historical publications. The form of presentation of a literary work does not matter. The ability to read or listen to a third party is important. Literary works are protected by copyright.
Translations are considered an independent form of literary work, also related to IP. The translator reconstructs the work into another language. Qualitative translation is the subject of IP. If the translation comes down to simply translating words without quality processing, it is not the subject of IP. Translations that are subject to IP are also protected by copyright.
A musical creation is a creation expressed by sounds. It does not matter if it was publicly voiced, anyway it falls under the protection of the law as IP.
Intellectual activities, which are IP, are also considered:
- Movie scripts.
- Films, regardless of their artistic value.
- Ballet performances.
- Entertainment programs.
An invention is the invention of existing new devices, structures that facilitate the production of industrial products, as well as the use of already known devices in new areas of production. The invention also includes the identification of new substances and microorganisms, the discovery of new chemical compounds.
Inventions are the main engines of progress, without them it would be impossible to realize many scientific ideas, achievements in production, astronautics, medicine. Thanks to inventions, humanity left the cave way of life and reached a modern level.
Means of individualization, which are subjects of ID, are:
- Product names.
- Brand Names.
- Signs of service.
- The name of the place of manufacture of the product.
- Commercial designation.
Individualization tools are included in the list of IP items, are used to identify products, firms, corporations, services. They are used in industrial and commercial fields. The company name is expressed only in verbal form. Trademarks, as well as service marks, can be expressed in different forms - images, words, music and combined forms. Brand names and, in general, all types of trademarks must be registered with the public authority responsible for registering IP objects.
Creating IP Objects
The creation of new IP objects is very important for any society and state. After all, without creating:
- Literary works of writers and poets, publicists and historians.
- Pictures of artists.
- Sculpture of sculptors.
- Creations of composers.
- Crafts craftsmen.
Without these objects of activity of human intelligence, the spiritual life of people and the development of society are impossible. Any state needs to increase the number of IP objects; it is interested in the development of:
- IT technology.
The higher the number of IP objects, the stronger and more developed the state. Therefore, all states with a democratic form of government are taking measures to increase the number of inventions and improvements. To this end, the state creates various research institutes (research institutes), universities that produce specialists capable of creating new IP objects.
The ability of society and the state to solve complex economic problems, the solution of which is necessary for the economic prosperity of the state, directly depends on the level of development of intellectual potential. In modern conditions, the creation of new and dynamic development of existing IP objects is impossible without the state protecting the intellectual rights of persons creating IP objects. Therefore, strong and developed states take all measures to protect IP, invest considerable resources in the creation and protection of the products of human intelligence. IP is the main resource for the country's economic prosperity.
Common IP Disorders
Despite the measures taken by the Government to protect the IP of its citizens, it is not possible to completely eradicate violations in this area of the activity of intelligence. The most common IP violations are:
- The manufacture of pirated products.
- Publication of other people's works under their own name or pseudonym (plagiarism).
- Translations of foreign works with minor amendments to the text, with their subsequent publication on their own behalf.
- The manufacture of devices and their use in production, which is a foreign IP, without asking the permission of the author.
- Import into the country of products that do not have a certificate of quality.
- The sale of products that are the IP of another person, without his consent to such actions.
- Modification of a work protected by law.
- Counterfeiting IP items.
Unfortunately, IP infringements are committed not only by individuals and legal entities; large financial companies and corporations often do not disdain this. Industrial espionage has long been commonplace. After all, it is much easier to steal other people's patents and technologies than to invest huge amounts of money in the development of their IP objects. Creating an intellectual property is expensive. All states are struggling with this phenomenon, but so far no particular success has been noticed. Companies with global brands are also taking all measures to protect their inventions and trade secrets. The protection of intellectual property is an important task for business and the state.