With the help of law, society at all times organized the process of its own self-regulation. That is, certain legalized norms were the mechanism that directly influenced the behavior of all people in a particular state. Moreover, the nature of law is quite multifaceted or even universal, so to speak. The fact is that the norms regulate the most insignificant, at first glance, social relations. For example, buying a car, renting an apartment or even a banal trip to the store are all examples of social interaction that leads to certain legal consequences. It should be noted that with the development of society, law has also evolved. This led to the expansion of its immediate scope of regulation. In other words, the law began to apply to a larger number of objects. The regulator of public relations has replenished with new legal structures, one of which is the sphere of intellectual property. This segment of regulation refers to the civil branch of law, which accounts for most of its specific points.
What is intellectual property?
It should be noted that civil law is a complex industry that consists of many legal categories. It contains rules governing the fundamental moments of human interaction. Intellectual property is one of them. But even people partially familiar with civil law do not understand what this category is. In a broad sense, intellectual property is a wide range of exclusive and personal non-property rights to existing results of intellectual work or activity. In other words, the category establishes the exclusive ability of the person who is the author of a particular object to dispose of it, as well as to prohibit other entities from performing similar actions.
Category History
It should be noted that intellectual property did not always exist in the structure of civil law. Initially, this industry regulated only property relations. From the history of civil law, we know that during its development, during the time of Ancient Rome, family law was part of civil law, which later separated. At the same time, only began to think about intellectual property as an object of legal regulation in the 17th century, when the famous results of the authors' works of various writers, artists, musicians, etc. began to appear. The category became most widespread in the late 19th and early 20th centuries, when the rate of development all spheres of human life has become an order of magnitude greater. The category of intellectual property got its place in the structure of law in 1967, when the Stockholm Convention establishing the World Intellectual Property Organization was adopted .
Category position in the Russian Federation
It is worth noting that the legal phenomenon presented today is actively developing and constantly being modernized in domestic jurisprudence. This is due to the active international trading position of Russia. The fact is that intellectual property, or rather, its protection regime, is an important moment for most countries. Therefore, if Russia wants to be an excellent player in the market, it needs to develop a regulatory regime for relations in this area. However, its evolution does occur. After all, there is a regulatory framework that regulates intellectual property. The Civil Code of the Russian Federation, or the Civil Code, is a key state act, the provisions of which most fully explain the essence of the category presented in the article. Moreover, the law addresses the issue of intellectual property rights as fully as possible. For example, Art. 138 of the Civil Code of the Russian Federation ("Intellectual Property") only speaks of the category belonging to objects that fall within the scope of civil law regulation. But this area contains a huge number of legal relations, which have a completely different structure and legal orientation.
Reasons for isolation category
There are a huge number of points, according to which intellectual property is separated. The Civil Code of the Russian Federation does not explain these reasons, however, they come from the very ideological essence of the category. Therefore, there are several explanations about why the category is so important in modern Russia.
- Firstly, the existence of certain security mechanisms encourages people to create something new. After all, if a person feels protected, then there will be no fear in him that subsequently someone will violate or take away the fruits of his activity.
- Secondly, intellectual property officially fixes all the works of the same activity. That is, the author actually generates legal relations at the time of creation of this or that object.
- Thirdly, intellectual activity in the case of its legal nature will be rewarded, which further stimulates creators.
- Fourth, the existence of intellectual property at the level of a legal institution will entail the growth of domestic culture and industry.
Thus, the intellectual property of the Civil Code of the Russian Federation, the definition of which is presented in the article, is a special category that meets the specific provisions of the legal phenomenon of the same name in the international private law industry. In this case, a logical question arises: what belongs to the sphere of competence of this complex institution?
Intellectual Property Objects of the Civil Code of the Russian Federation
It is worth noting that xnj action of the institute presented in the article applies to certain objects and phenomena. They, in turn, are included in the object composition of intellectual property. Thus, according to the provisions of the Civil Code of the Russian Federation, such objects are:
- any works of the scientific, literary sphere or the sphere of art;
- databases and special computer programs;
- inventions, phonograms and utility models;
- TV and radio messaging
- industrial samples or breeding samples;
- manufacturing secrets; chip topologies;
- trademarks, trade names and geographical names;
- commercial designations.
It is worth noting that for a long time in the Civil Code of Russia there was no separate branch of norms that would directly regulate intellectual property. As mentioned earlier, Article 138 only enshrined the category as one of the objects of the relevant industry. Only in 2008 did Part 4 of the Civil Code of the Russian Federation appear, which introduced a system of norms governing relations in the field of intellectual property.
Features of Part 4 of the Civil Code
The mentioned edition of the law introduced a lot of new institutions into the sphere of civil law. For example, in addition to the basic intellectual rights, part 4 secured the provisions that govern contracts in the field of intellectual property. The Civil Code of the Russian Federation, therefore, has become a comprehensive source coordinating any relations arising in the mentioned area.
Intellectual Property Violations
The fact that we live far from an ideal world makes it necessary not only to regulate relations in the field of intellectual property, but also to create a mechanism for its direct protection. But for the formation of the necessary security regime, it is necessary to first analyze the types of possible violations of the category presented in the article. Today, there are two main violations, namely:
- distribution of objects that use methods protected by patents;
- copyright infringement.
That is, in the event of violations of this kind, a person can implement special protective measures with the aim of ensuring his authority.
Protection of intellectual property of the Civil Code of the Russian Federation
The protection of the institute presented in the article is one of the main tasks of the state.
After all, this directly affects the capabilities of individuals in the creation and use of the results of their intellectual work. Therefore, there are a number of means that protect intellectual property rights. The Civil Code of the Russian Federation fixes the following methods, for example:
- forced termination of violation;
- recovery of damages from the violator;
- seizure of counterfeit products;
- destruction of counterfeit products;
- equipping the results of intellectual property with means of individualization.
Intellectual Property Institutions
The mentioned institution, as we have seen, is quite complex. Therefore, many scientists create works in which intellectual property is studied. An article of the Civil Code of the Russian Federation, presented earlier, only officially fixes an institution that needs a doctrinal characteristic. In turn, it is handled by special institutions, for example, the Federal Institute of Industrial Property, the Russian State Academy of Intellectual Property.
Conclusion
So, we tried to consider the features of such an institution as intellectual property. The Civil Code of the Russian Federation fixes its key features and basic mechanisms, and also contains provisions to ensure its protection. It should be noted that intellectual property plays a large role in the modern world, therefore, the development of this issue both at the legislative and scientific levels is simply necessary.