Each creator of an invention, development or work has copyright for his work. It is necessary to conduct its proper design. Although registration of intellectual property is a rather complicated legal procedure, the author should not stop at these barriers. And if successful, he will long accrue dividends from his creation.
Basic information
Intellectual property (IP) is the result of mental and creative activity. This category may include:
- innovative technological developments;
- articles and literary works;
- pictures;
- audio and video recordings;
- stylistic development company or site.
In our country, registration of intellectual property can be arranged on the personal initiative of the author. It also provides for the transfer of rights received to other citizens. There are such ways for this:
- Registration of a special license agreement. It is evidence of the transfer of rights to use the registered intellectual property to a specific citizen.
- To write an agreement according to which the owner is alienated from his rights. Then the second person can legally own the subject of the contract, and in full.
- Make an author’s order. Then the first person creates intellectual labor for the second person.
The registration algorithm and legal relations in this area controls the legislation. Namely, it is 4 hours of the Civil Code and the legislative document "On Copyright".
Thanks to this procedure, IP can be saved from the possession of third parties.
Registration Criteria
To perform the necessary operations, it is required to find an object in one of these categories:
- Creation of industrial works. Examples: invention, trademark, company name, brands, and other commercial names.
- Different areas of copyright: computer software, scientific creations, works of art, technical and other valuable data.
There is a misconception that this property is not subject to abuse. And in order to deprive itself of many dilemmas, it is necessary to register intellectual property rights.
Russian defense system
In our country, responsibility for the defense of these rights lies with two organizations: RAO (Russian copyright society) and Rospatent.
Only published and patented products are allowed to register.
A special examination is being conducted. According to its results, it can be entered into the register of state significance. The inventions are included in the register of the Patent Office.
Registration of intellectual property rights - the event is not free. Its price is determined by the product itself and the purpose of its application.
Customs services
They also participate in the regulation of this property: they add the product to the list of Customs control. Next, the necessary information is sent to all departments. Such a measure protects IP from counterfeiting.
The rights owner personally submits an application to the Customs Office. The document reflects the following data:
- Basic information about the holder of rights.
- All the necessary information describing the IP.
- List of products with signs of counterfeiting.
- An indicative period for taking measures to block output.
After submitting the document within a month, it is fully studied and processed. And there is an official registration of intellectual property. She appears in Rosreestr. There is no need to pay a fee for these operations.
Specifics in Russia
Representatives of our state spend a lot of effort on supporting specialists and helping them with issues of new developments. How this assistance is implemented is further reflected:
- Many institutes have research services. They allow professionals to work in the field of intellectual creations.
- The Ministry of Education is consolidating many research institutes to implement joint projects.
- Rospatent is trying to process and analyze applications for state registration of intellectual property as soon as possible.
- Development plans for start-up innovative companies are being developed and supported.
If a state institution requires registration of intellectual property, financial assistance should be provided to it - funds are taken from the federal treasury. Thanks to which the costs of developing and manufacturing the product itself are covered.
Treasured material assistance is usually provided by the Russian Expert Center (REC).
Today, Russia is in the top ten countries in the number of applications for designated registration. The most frequent objects are commodity symbols, computer developments and electrical equipment.
A striking example is the Blockchain system.
She began to actively develop in 2017. And today it has spread throughout the world.
Main department
In our country, such is Rospatent. It operates at the state level and is responsible for full control of IP. It:
- Grants patents. Enters new trade symbols in the register.
- Fully officially registers contracts and licenses.
- It creates the principles of interaction between different state structures.
- Fixes the qualifications of workers.
The organization has its own resource on the network. There you can find:
- All required information about the department itself.
- All legal regulations.
- The status of your money transfers.
Also on the site you can send your appeal in electronic format.
International level
State registration of intellectual property rights can be done in Rospatent. But this is not enough to regulate the legal aspects. Since there are also international criteria. The following organizations stand out that solve such dilemmas around the world:
- World IP Association. Its main task is the complete defense of rights with registration against illegal use.
- European Patent Office.
- Eurasian counterpart p. 2.
- Paris Association for Industrial Development.
- Organization protecting achievements in the field of selection.
Copyright
They apply to products - the results of intellectual, scientific or creative work.
In Russia, registration of copyright in intellectual property is not a mandatory measure. Only computer software and technical developments are included in the category of exceptions. Most often, attackers seek to violate these rights.
Copyright classification may include:
- various films;
- scripts and literary works;
- pictures;
- labels
- conversion results of different works.
When the holder of the right to IP dies, it can be inherited by another person.
Types of Copyright
There are two classifications: property and non-property. The first involves a thorough study of all methods of protecting your IP, after which you legally register the rights to it. If necessary, an intellectual property agreement is immediately registered, which displays the procedure for its transfer to third parties.
Property rights in Russia are protected by the following principles:
- The law recognizes that the product belongs to its author.
- All criminal acts are suppressed. The criminal process begins.
- All the stolen information is seized from the attacker.
- In some situations, the offender is required to fully compensate for the material damage that he inflicted during the crime.
- The court verdict is published in all media with state status.
Rights from a non-property category have two main tasks:
- cessation of violations;
- compensation for non-pecuniary damage.
To obtain protection of your rights, you need:
- Notarize your creation.
- Register product in RAO.
- If a literary creation is created, publish it on the net. This can be done on special resources, such as "Poetry.ru". There is another option - when publishing on the bottom of each page, put the Latin letter “C” in a circle. This is a copyright sign. Indicate your details nearby.
Resources like “Poetry.Ru” allow you to easily register intellectual property rights. After publication, authorship is necessarily reflected. Also, the creator here indicates personal information. Their spectrum is determined by him. One way or another, you must specify the first and last name, or an alias.
You can enter information about your hobbies, website, blog and page on the social network.
By publishing the work, the author receives a certificate of registration of intellectual property. It has legal force and contains information about the work and its creator. Also here is the registration date, including hours and minutes.
Penalties
Products of creative and scientific work are least protected from misuse. State registration of intellectual property is a legal defensive tool for authors.
And if the violator steals and uses intellectual property for his own purposes, then he will be subject to serious fines. Their range is impressive: from 10 thousand to 5 million rubles. Here a lot is determined by the degree of violation and the legal status of the offender.
Also, equipment may be confiscated from him for illegal playback and display of the work.
Another legal judicial measure is the liquidation of the status of a legal entity or individual entrepreneur. It takes place at the request of the prosecutor.
Ways to implement the necessary protection are as follows:
- Personal impact.
- In collaboration with Rospatent. The process goes in an administrative algorithm.
- With the help of the court.
If the author identifies violations, he turns to the attacker with a request to correct them within a specific period. If there was no response or refusal was recorded, the victim has the right to file a lawsuit. In this situation, documentation is vitally needed, testifying to the registration of an intellectual property in its name.
Subtleties of design
This procedure takes place in several stages:
- An application is being drawn up to register IP rights.
- She goes to RAO, Rospatent or the Ministry of Agriculture.
- The product of intellectual activity is subject to examination. Check how it complies with the standards of eligibility.
- The author receives a certificate of registration of intellectual property rights.
In practice, this procedure lasts quite a long time. And the appearance of difficulties in this process is an extremely rare phenomenon.
Often, experts recommend that authors independently conduct a preliminary examination of the object. Here you need to study such factors of it:
- Novelty.
- Technical class.
- Are there any analogues?
- Is there any plagiarism?
Before registration of intellectual property, a patent fee is required .
An application may be considered for a long time. The terms of its study are strictly individual. In some cases, candidates expect more than a year.
At the examination stage, additional documentation may be requested. The applicant must respond to all requests in a timely manner. Otherwise, the procedure will be delayed even more or completely stopped.
Registration may be refused for the following reasons:
- An incomplete list of documents has been submitted.
- They are incorrectly designed.
- There was a mistake in choosing a category.
- There are identical objects in the registry.
If an invention is created, it should be given the status of “inventive”. If it does not comply with it, the object is drawn up as a utility model.
The term for obtaining a patent in our country can stretch for 1.5 years. Having become its owner, the author can register intellectual property at the international level.
If the owner has his own trademark and successfully draws it up, then he receives unique rights to it. Their validity period is 10 years. Then re-registration.
Copyright for IP is made at the initiative of the creator of the product. And many go to this measure in order to protect their works.
In RAO, you can apply for registration of such objects:
- literary creations;
- works of art (paintings, sculptures, etc.);
- music products;
- choreographic achievements;
- scripts for cinema;
- business schemes.
Creations can be certified by a notary. It is not necessary to subject them to examination. But only the applicant is responsible for the accuracy of the information.
After registration, objects can be transferred in the manner prescribed by law.
Contract Details
In Rospatent, you can draw up various contracts related to the transfer of intellectual property:
- licensed;
- alienation;
- copyright order.
Be sure to carry out state registration of intellectual property contracts. This will further help in resolving many issues.
A contract of an author’s order is a document according to which the performer (author) must, at the request (order) of the second party, create a specific creation. Its type and characteristics are reflected in this contract. It can be a scientific or literary work, an object of art.
Under this agreement, a certain fee may be provided for a completed order.
The Alienation Contract obliges the author to transfer his unique IP right in full to the acquirer.
A document may have the following options:
- Real.
- Consensual (implies transfer or transfer obligation).
- Bilateral.
- Compensated.
- Gratuitous.
Its legal control is carried out on the basis of part 4 of the Civil Code of the Russian Federation.
According to the license contract, the author transfers or must transfer to the third party the right to use his IP. The document reflects the implementation methods of this paragraph. It also stipulates with what restrictions and to what extent the recipient can use this product.
By law, there are two types of license agreements:
- Exceptional. A person who has received the result of intellectual work has no right to transfer it to third parties.
- Plain. The new owner has the right to issue licenses to other citizens.