Intellectual property in our country, unfortunately, has so far a vulnerable status regarding the results of human production. Who will help the present owner today in case of illegal use by anyone of the fruits of his intellectual activity to protect copyright and punish the thief?
The protection, support and protection of creativity and other intellectual achievements are directly related to the protection of human rights and individual freedom and are the most important principles of any legal state. It is possible to protect the intellectual right to the objects of activity in an administrative order or, based on the nature of the dispute, through intellectual property courts.
Protect your intellectual property
The right to intellectual property is protected through the methods provided for by this Code of the Russian Federation, taking into account the essence of the violation of rights in each specifically considered case, and the magnitude of the consequences of this violation. The methods of protection provided for by the Code are permissible for use within the framework of legislation at the request of copyright holders, as well as at the request of rights management companies on a collective collective agreement, and other legal or physical persons.
If no fault has been found in the actions of the offender, then he is nevertheless obliged to carry out actions that terminate the violation. Moreover, the application of measures against the violator in this case is also not canceled. As the well-known rule states: ignorance of the law does not exempt from liability for its violation.
More specifically: the decision of the intellectual property court to commit a violation and suppress actions that violate the exclusive right to be discussed or create a threat of violation of this right will be carried out regardless of the fault of the violator and, at the same time, compensation for the loss will be made at his expense.
What are the intellectual property courts
The Intellectual Law Court is a specialized arbitration court that examines cases, in disputes and claims related to the protection of intellectual rights, within the competence prescribed by law as a court in 2 instances: first and cassation. The Court of Intellectual Rights is the 1st specialized court in Russia.
Actually, speaking, the judicial procedure for resolving disputes is by far the most democratic and affordable form of protection of personal subjective law. For modern society, judicial protection is considered the highest form of protection of civil rights, including intellectual property.
In civil litigation, disputes over intellectual property infringements are considered the most complex cases. And this is a completely fair opinion. Since the difficulty in this matter is due to many reasons. For example, some of the reasons are subjective in nature, and in particular, are related to the lack of experience and knowledge of the party that has applied to the court for the protection of intellectual property rights, which often results in unreasonable claims or incorrectly formulated claims, or insufficient to proceed evidence base, etc.
The reasons that are objective in nature include the insufficiency of the chapters of regulatory legal acts. And besides this, judicial investigations in the field of intellectual property are very laborious, require a lot of time and special knowledge. This suggests that in order to ensure a highly professional level of consideration of cases in this area, a corresponding high specialization of judges and lawyers is necessary.
Composition of the court
The Court of Intellectual Rights of the Russian Federation carries out its activities as follows:
- Judicial composition.
In the first instance, judicial proceedings are carried out by the collegial composition of judges. In the second instance, that is, in the cassation court, appeals are reviewed in the following composition:
1) The Presidium of the Intellectual Property Rights Court.
2) The collegial composition of judges.
Whom the court recognizes or does not recognize as an author
The citizen whose creative activity this product is created will be recognized as the author of the final product of intellectual activity. Citizens who have not made any personal creative contribution to the creation of an intellectual copy will not be recognized as authors of the final result of intellectual activity, such will be the final ruling of the court on intellectual rights.
Unrecognized persons also include citizens who rendered the author only consulting, technical, organizational or material assistance. People who assisted or contributed to the registration of rights to the final result or its use, as well as those who supervised the implementation of the work, will also not be recognized by the authors or co-authors of the final intellectual creation.
What may be a court order on intellectual property rights
The right of authorship belongs to the creator of the product of intellectual activity, and plus, in cases provided for by the current Code, he will also own the right to a name and other non-property rights. All of the above copyright rights, including the right to a name and other personal non-property, are inalienable and non-transferable.
Perpetual protection of authorship and name of the author
Citizens submitting cases for consideration to intellectual property courts, first of all, should have an idea of the possibilities and powers of these instances. Legislative provisions state:
- The original and exclusive right to the final product of intellectual activity created through creative work is attributed to the author of this work.
- The author can transfer this right to another person under a specific contract, or for completely different reasons established by law.
- The right to an intellectual creative product, which was created in the course of joint creative activity of 2 or more citizens (which is called co-authorship), belongs jointly to all co-authors.
By the way, when a lawsuit is filed with intellectual property courts, registration of a work for the enforcement of copyright protection and other execution of any other, but similar formalities, is not required.
What results are protected by authorship
In accordance with the provisions of the provisions of Part IV of the Civil Code of the Russian Federation, the term “intellectual property” covers only directly the creations of intellectual activity and the individual means of legal entities equivalent to the above, for example, goods, works, services, as well as enterprises, but not the right to them.
The Arbitration Court for Intellectual Rights has the power to recognize intellectual law, as well as intellectual law, which is simultaneously a property right, and in cases provided for by the legislative code of the Russian Federation, also personal non-property rights, as well as rights of a different nature.
The list of creative copyright products and results of intellectual activity that fall under legal protection:
1) Writing works related to science, literature and art.
2) Created computer programs.
3) Performances and phonograms.
5) Transmissions of radio or cable broadcasting organizations.
7) Utility models.
9) Industrial samples.
10) Achievements in the field of breeding.
11) Topologies of integrated circuits.
12) Brand Names.
13) Trademarks and other service marks.
14) Production secrets (own know-how).
15) Commercial designations.
16) Appellations or names of places of origin of goods.
History of Intellectual Property Lawsuit
The Intellectual Property Rights Court began its activity on July 3, 2013. In the history of cases at the first instance, over the past ten months of work, as a result, 48% were cases considered by the Intellectual Property Court on the early termination of the preservation of a trademark. As regards cases related to the protection of intellectual law (by the way, considered as a court of cassation), 19 percent of them were cases of copyright infringement, 7 percent - violation of related rights, and plus about five percent - these are cases related to patent infringement. The remaining ones include proceedings on violations of trademark rights, trade names and service marks.
Analysis of the quality of work
Assessing the quality of the consideration of cases by the Intellectual Property Rights Court, an objective and attentive approach to complex cases was noted. In the case taken as an example, regarding the assessment of the novelty of the patented design, we can see that the court received the necessary consultations immediately from 3 doctors of various sciences.
When the Presidium overturned the decision of the first instance of the court in the case concerning the issue of the Gagarinsky trademark, the court explained in detail under what conditions it could be considered that the official registration of the trademark resulted in a violation of rights in the name of a famous person.
As a result, according to the analyzing expert, the analysis of the cases examined by the court testifies to the independence of the judges. In addition, the recommendation to ban the transfer of domain names that, according to the plaintiff’s assumption, violate his right to a trademark, received a positive assessment. According to the results for today, judging by the work of the courts, the citizens of our country have finally gained confidence in the protection of intellectual property and qualified legal assistance in this area.