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Lecture notes, cheat sheets
Intellectual property right. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. The concept and features of intellectual activity Intellectual activity - mental (mental, spiritual, creative) human activity in the field of science, technology, literature, art and artistic design (design). Intellectual activity reflects the use by a person of the abilities of rational knowledge. The concept of "intellectual activity" does not coincide with the concept of "creative activity". Creative activity presupposes only the novelty of the results of such activity, while intellectual activity is not any, namely the rational activity of a person, reflecting the activity carried out with the help of rational, logical conclusions. Intellectual activity significantly influences the development of science, technology, literature and art and artistic design (design). Signs of intellectual activity: 1) intellectual activity is ideal. The result of intellectual activity is produced by human consciousness through the logical construction of thought and reflects the novelty of thought; 2) the result of intellectual activity is its product, expressed in an objective form, referred to, depending on its nature, as a work of science, literature, art, an invention or an industrial design; 3) the results of intellectual activity, in contrast to the objects of real rights, have an ideal nature. Literary and artistic works are a system of literary or artistic images. What the results of intellectual activity are expressed in (books, audiovisual media) are not in themselves the results of intellectual activity. What is subject to protection is not the form of expression of intellectual activity (book, picture), but its content (the main idea of the work). The results of intellectual activity are not subject to wear and tear. They can only become obsolete morally; 4) the product of intellectual activity may be means of individualization of a legal entity or an individual entrepreneur, as well as individualization of the work or services performed (company names, trademarks, service marks and appellations of origin of goods). In addition to being the fruit of mental and creative activity, the means of individualization contribute to the creation of a healthy competitive environment by distinguishing both individual entrepreneurs and the products they manufacture, the work performed or the services provided. 2. The history of the formation of intellectual property rights Human intellectual activity manifested itself in ancient times. However, its legal regulation did not cause any need. Only when certain conflicts of interest arose over the results of intellectual activity, the question arose of securing the human right to the results of such activity. The right of intellectual property is formed as a result of the development of intellectual activity and the need for its legal regulation. The emergence of the first and still important institutions of intellectual property law, such as copyright and patent law, is due to the development of mass "commodity production" in the spiritual sphere. The most ancient institution of intellectual property law is copyright. The first ideas about copyright arose already when spiritual creativity itself took shape as an independent activity. For example, the borrowing of someone else's work, as well as its distortion, was condemned in the days of Antiquity. In ancient Greece, there was a provision according to which the manuscripts of recognized tragedies were to be kept in the official archives so that the integrity of the text during the production of plays could be controlled. The first copyright law in history was the "Statute of Queen Anne" adopted in 1710 in England, which secured the personal right to protect a published work. The "Statute of James I" (or the Statute of Monopolies) of 1624, adopted in England, also became the prototype of modern patent laws. This statute established an important rule: the royal power cannot issue any patents, except for patents for inventions. International intellectual property law begins to take shape at the end of the XNUMXth century. Acts were adopted to regulate intellectual property rights in relations between different states (Paris, Berne, Geneva Conventions). In Russia, intellectual property law develops somewhat later than in other countries. In 1911, the "Regulations on Copyright" was adopted, which regulated the rights of authors of works based on the best examples of Western European legislation of that time. In 1917, the Decree of the Central Executive Committee "On State Publishing" was adopted, which introduced permission to declare a state monopoly for a period of not more than 5 years on works to be published. After the accession of the USSR (Russia) to international acts (1965, 1973, 1995), the intellectual property right began to comply with the norms of international law. 3. The concept and system of intellectual property law Intellectual Property Law - a sub-branch of civil law, a set of legal norms and institutions of law that regulate relations in the sphere of the emergence, use and protection of objects of intellectual property. Intellectual property - a set of exclusive rights of a citizen or legal entity to the results of creative, intellectual activity, as well as means of individualization of legal entities, products, works and services equated to them in the legal regime (company name, trademark, service mark, etc.). Intellectual property law does not regulate the process of intellectual activity, culminating in the creation of new, creatively independent results in the field of science, technology, literature and art. This sub-branch of civil law protects the results of intellectual activity which are intangible goods. Traditionally, intellectual property is divided into two components: 1) industrial property; 2) copyright. Industrial property is characterized by such components as industrial designs, inventions, utility models, trademarks, service marks and trade names. Copyright applies to works of art, literary and musical works, cinematographic works, as well as scientific works. The system of Russian intellectual property law consists of the following institutions : a) copyright - a set of legal norms regulating social relations arising in connection with and in connection with the creation and use of works of science, literature and art; b) rights related to copyright - the rights of performers, producers of phonograms and broadcasting and cable broadcasting organizations; c) patent law - a set of legal norms regulating property, as well as personal non-property relations related to them, arising in connection with the creation and use of inventions, utility models and industrial designs; d) intellectual property right to a trademark (service mark); e) intellectual property rights to the trade name; f) intellectual property rights to topologies of integrated circuits; g) intellectual property rights to computer programs and databases; h) intellectual property rights to selection achievements; i) legal relations in the field of commercial and official secrets 4. System of sources of intellectual property rights The system of sources of intellectual property rights consists of: 1) The Constitution of the Russian Federation - in Art. 44 freedom of creativity is fixed; p. "o" Art. 71 refers the legal regulation of intellectual property to federal jurisdiction; 2) Civil Code of the Russian Federation - provisions on intellectual property are contained in articles (Article 8 of the Civil Code of the Russian Federation classifies the creation of the results of intellectual activity as grounds for the emergence of civil rights and obligations; in Article 128 of the Civil Code of the Russian Federation, the results of intellectual activity, including exclusive rights to them (intellectual property), are referred to to objects of civil rights, article 138 of the Civil Code of the Russian Federation reveals the content of the concept of exclusive right (intellectual property), including the results of intellectual activity and equated means of individualization); 3) federal laws : a) Copyright law; b) Patent Law; c) Trademark Law; d) Law on legal protection of computer programs; e) Law on Legal Protection of Layouts of Integrated Circuits; f) Law of the Russian Federation on Selection Achievements; g) Law on Commercial Secrets (provides for the protection of any information, the practical use of which in the field of commercial activity can give an economic effect); h) Law on Protection of Competition; i) Law on information, information technologies and information protection; 4) Decrees of the President of the Russian Federation ("On State Policy in the Sphere of Protection of Copyright and Related Rights"; "On Measures to Realize the Rights of Authors of Works, Performers and Producers of Phonograms to Remuneration for Reproduction for Personal Purposes of an Audiovisual Work or Sound Recording of a Work"; "On Legal Protection of the Results of Research, Experimental - design and technological work for military, special and dual purposes"; "On the State Policy for Involving in the Economic Turnover the Results of Scientific and Technical Activities and Intellectual Property in the Field of Science and Technology"); 5) Decrees of the Government of the Russian Federation (decrees that approved the minimum rates of royalties for certain types of use of objects of copyright and related rights; Regulation on patent attorneys; Regulation on fees for patenting inventions, utility models, industrial designs, registration of trademarks, service marks, appellations of origin of goods, provision the right to use appellations of origin of goods); 6) international treaties and agreements. 5. Legislation of the Russian Federation in the field of legal protection of intellectual property In addition to the Constitution of the Russian Federation and the Civil Code of the Russian Federation, the legal protection of intellectual property is carried out by the following federal laws. 1. Law of the Russian Federation of July 9, 1993 No. 5351I "On Copyright and Related Rights". It establishes relations arising in connection with the creation and use of works of science, literature and art (copyright), phonograms of performances, productions, broadcasts of broadcasting or cable broadcasting organizations (related rights). The scope, objects, duration of copyright are established. 2. Patent Law of the Russian Federation of September 23, 1992 No. 35171. The law regulates relations arising in connection with the legal protection and use of inventions, utility models and industrial designs. The conditions for the patentability of inventions, utility models and industrial designs have been established. The circle of subjects of rights to inventions, utility models and industrial designs is defined. 3. Law of the Russian Federation of September 23, 1992 No. 3520 1 "On Trademarks, Service Marks and Appellations of Origin" . The law regulates relations arising in connection with the registration, legal protection and use of trademarks, service marks and appellations of origin. The Law provides definitions of a trademark and a service mark, appellation of origin of goods. 4. Law of the Russian Federation of September 23, 1992 No. 3523I "On the legal protection of programs for electronic computers and databases" .Regulated relations arising in connection with the legal protection and use of computer programs, databases. 5. Law of the Russian Federation of September 23, 1992 No. 35261 "On the legal protection of topologies of integrated circuits" . Regulates relations arising in connection with the creation, legal protection, as well as the use of the original integrated circuit topology, created as a result of the author's creative activity and unknown to the author and (or) specialists in the field of topology development at the date of its creation. 6. Law of the Russian Federation of August 6, 1993 No. 56051 "On Breeding Achievements" . Establishes the foundations for the legal regulation of property, as well as related personal non-property relations arising in connection with the creation, legal protection and use of breeding achievements. 7. Federal Law No. 29FZ of July 2004, 98 "On Trade Secrets" . 8. Federal Law No. 26FZ of July 2006, 135 "On Protection of Competition". 9. Federal Law of July 27, 2006 No. 149FZ "On Information, Information Technologies and Information Protection". 6. The Constitution of the Russian Federation and the Civil Code of the Russian Federation as sources of intellectual property rights The fundamental normative act for intellectual property rights is the Constitution of the Russian Federation. The Basic Law of the Russian Federation in Art. 44 states that everyone is guaranteed freedom of literary, artistic, scientific, technical and other types of creativity, teaching . The right to freedom in all spheres of creative activity is an inalienable human right guaranteed by universally recognized norms of international law. The right of a person to engage in creative activity can be exercised both on a professional and amateur basis. Both creative workers are equal in the field of copyright and related rights, intellectual property rights, protection of the secrets of craftsmanship, freedom to dispose of the results of their work, state support. It is also stipulated in the Constitution of the Russian Federation that intellectual property is protected by law . The Russian Federation not only guarantees freedom of creativity, but also protects the right to its results. The exclusive right (intellectual property) of a citizen or legal entity to the results of intellectual activity and equated means of individualization of products, work performed or services (company name, trademark, service mark, etc.) is recognized. Civil Code of the Russian Federation regulates property and personal non-property rights in the field of intellectual property . The Civil Code of the Russian Federation establishes as the basis of civil rights and obligations as a result of the creation of works of science, literature, art, inventions and other results of intellectual activity (Article 8 of the Civil Code of the Russian Federation); classifies the results of intellectual activity as objects of civil rights (Article 128 of the Civil Code of the Russian Federation); recognizes and defines the exclusive right (intellectual property) to the results of intellectual activity and equated means of individualization of a legal entity, individualization of products, works or services performed (company name, trademark, service mark, etc.), establishes that intellectual property objects can be used by third parties only with the consent of the copyright holder (Article 138 G CRF). The innovation of Russian legislation was the adoption of the fourth part of the Civil Code of the Russian Federation, which combines all relations in the field of intellectual property. The provisions of the new part of the Civil Code of the Russian Federation come into force on January 1, 2008, respectively, since that time, the laws regulating certain issues of intellectual property cease to have effect. 7. International treaties as sources of intellectual property rights According to the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. This means that the legal system of the Russian Federation includes not only domestic legislation, but also international law, which is applied along with Russian law. In addition, if an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty are applied (Part 4, Article 15 of the Constitution of the Russian Federation). It follows that when the norms of international and Russian law compete, international law is applied. In order to apply the norms of international acts on the territory of the Russian Federation, it is necessary to ratify an international act or join an international treaty. The system of international acts included in the legal system of the Russian Federation consists of: 1) the Paris Convention for the Protection of Industrial Property of 1883 (for the USSR and then for Russia, the Convention entered into force on July 1, 1965); 2) the World (Geneva) Copyright Convention of 1952 (entered into force in 1968); 3) Berne Convention for the Protection of Literary and Artistic Works of 1886 (in force on the territory of the Russian Federation since 1995); 4) Patent Cooperation Treaty of 1970 (entered into force for the USSR in 1978); 5) Agreement on cooperation in the field of protection of copyright and related rights of 1993 (Russia jointly with Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and Ukraine; entered into force in the same year); 6) Eurasian Patent Convention of 1994 (countries of the former USSR, entered into force in 1995); 7) Convention establishing the World Intellectual Property Organization of 1967 (entered into force for the USSR in 1973); 8) Convention for the Protection of the Interests of Producers of Phonograms, 1971 (in force on the territory of the Russian Federation since 1995); 9) International Convention for the Protection of New Varieties of Plants, 1961 (Russia joined in 1997); 10) International (Rome) Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1961 (entered into force in 2003). 8. World Intellectual Property Organization World Intellectual Property Organization (WIPO) - World International Property Organization (WIPO)- was established in 1967 at a diplomatic conference in Stockholm. WIPO Charter is the Convention adopted in 1967 in Stockholm. Purpose of WIPO - giving intellectual property an extraterritorial character by recognizing uniform norms in the field of intellectual property, harmonizing the basic norms of national legislation. WIPO Functions : a) registration activities - the provision of direct services to persons applying for industrial property, processing applications for international patents, registration of trademarks and industrial designs; b) promoting cooperation in the management of intellectual property - managing collections of patent documents, creating easier ways to obtain the information they contain, maintaining and updating international classification systems, compiling statistical summaries, regional survey of industrial property, monitoring compliance with copyright laws; c) material (program) activities - assistance in expanding the circle of states cooperating in the field of intellectual property, updating and adjusting existing treaties. WIPO's core business - assistance to developing countries in matters of intellectual property, increasing respect for this type of results of human activity. WIPO Governance carried out in accordance with the convention establishing it. Supreme body of WIPO - General Assembly - considers and approves the actions and proposals of the Coordinating Committee (approves the candidacy of the Director General of WIPO and the budget for the general expenses of the unions that are members of WIPO), determines other fundamental issues of the functioning of WIPO. Conference - the highest body of WIPO (regardless of the unions) - serves to exchange views on intellectual property issues, the results of which are transferred to the unions, and also adopts a two-year cooperation program for developing countries, approves the budget and amendments to the convention. Coordinating Committee - advisory body on matters of general interest, as well as the executive body of the General Assembly and the Conference. The International Bureau is a permanent working body of WIPO. To join WIPO, a country must pass instrument of ratification . Russia is a member of this international organization. 9. Eurasian Patent Organization Eurasian Patent Organization (EAPO) - an organization operating on the basis of the Patent Office of the former USSR and including the republics of the former USSR that signed the Eurasian Patent Convention. All contracting organizations are members of the EAPO. The depositary of the Convention is the Director General of WIPO, who also acts as an intermediary in any dispute concerning the interpretation or application of the Convention. EAPO is headquartered in Moscow, uses the resources of the Patent Office of the former USSR and enjoys the support of the Patent Office of the Russian Federation. EAPO bodies - Administrative Council and the Eurasian Patent Office (EAPO). The Administrative Council (the supreme body of the EAPO) appoints the President of the EAPO, approves the budget of the EAPO, as well as the Patent, Financial and Administrative Instructions, approves agreements concluded by the EAPO with states and interstate organizations. All issues are considered at regular (once a calendar year) and extraordinary meetings of the Administrative Council, in which the authorized representative of WIPO also participates in an advisory capacity. The EAPO performs all administrative functions of the EAPO, including the consideration of applications and the granting of Eurasian patents. The EAPO is headed by the President, in whose staff each member state has its own quota. Eurasian Patent Convention entered into force on 12 August 1995 The Eurasian Patent Convention contains a number of substantive rules that either establish uniform requirements on a number of issues, or allow their independent solution in the national patent legislation of the member countries of the Convention. The EAPO issues a Eurasian patent for an invention that is new, has an inventive step and is industrially applicable. The main goal of the Convention is the creation of an interstate system of legal protection of inventions on the basis of a single patent valid in the territory of the States Parties to the Convention. A patent is issued by the EAPO based on the results of a substantive examination conducted at the request of the applicant, provided that the invention meets the patentability criteria. The term of a Eurasian patent is 20 years from the filing date of the Eurasian application. In accordance with the Convention, EAPO is self-financing. No contracting state may be required to pay contributions to the EAPO. However, the Russian Federation provides advances to the EAPO, and the amount of these advances and the conditions are the subject of separate agreements between the Organization and the Government of the Russian Federation. 10. Objects of intellectual property rights in the system of objects of civil rights Objects of intellectual property rights are objects of intellectual (creative) activity. Distinctive feature objects of intellectual property is their ideal nature. They can only be comprehended, perceived intellectually or emotionally, but not tangible. These objects, materializing outside, do not give rise to intellectual property protection for the object (thing) in which they are expressed. What is expressed in the subject is subject to protection. The thing and the right of ownership are inextricably linked. Destruction of a thing terminates the right of ownership to it. Object of intellectual property exists independently of the thing in which it is materialized. In the event of the destruction of a book, the intellectual property right to a work of literature does not cease. To intellectual property many rules relating to things do not apply (first of all, the rules on the right of ownership, other real rights and ways to protect them). The legislation establishes a special legal regime of exclusive rights (intellectual property) for them. Protection of the rights of intellectual property owners is carried out with the help of the mode of protection of objects of exclusive rights. A number of intellectual property objects acquire the status of protectable already from the moment of implementation in some objective form (for example, works of painting, sculpture, literature), others - from the moment of their registration by authorized bodies and the issuance of titles of protection (for example, inventions, utility models , trademarks and service marks). The objects of intellectual (creative) activity include: a) works of science, literature, art (the results of intellectual activity expressed in books, paintings and other images, sculptures, monuments, etc.); b) objects of industrial property (inventions, utility models, industrial designs); c) means of individualization of a legal entity, its products, works or services performed (company name, trademark, service mark, name of the place of origin of goods, etc.); d) information - information about persons, objects, facts, events, phenomena and processes, regardless of the form of their presentation (official, commercial secrets, "know-how" are subject to protection under intellectual property law). 11. Legal nature and content of exclusive rights Exclusive rights (intellectual property) - a group of rights other than the right of ownership, which performs functions in relation to intangible objects similar to the functions of property rights for material objects. Rights are recognized as exclusive related to literary, artistic and scientific works (copyrights); performing activities of artists, sound recordings, radio and television broadcasts (related rights); inventions, utility models and industrial designs (patent rights); selection achievements; topologies of integrated circuits; trademarks, service marks, trade names, commercial designations and appellations of origin of goods (rights to means of individualization of a legal entity, goods, works and services), as well as production secrets (know-how). Exclusive rights to the results of intellectual activity and means of individualization have common properties : a) they arise only when there is a direct indication of the law. Each new protected type of objects of exclusive rights must be named in the law; b) they represent a special branch of absolute rights. An exclusive right is characterized by the fact that it arises from the right holder regardless of the will of third parties and that such a right corresponds to the duty of all others to refrain from actions that could violate this right. The right holder can independently use such an object in one way or another, as well as allow another person to use the corresponding object. An exclusive right in its content is a property right . It is transferable, alienable, easily separated from the identity of the author or other copyright holder. Authors (creators) of creative results also have personal non-property rights (the right of authorship, the right to an author's name), which are characterized by inalienability and non-transferability (Article 150 of the Civil Code of the Russian Federation). Exclusive rights can be inherited. The specificity lies in the fact that exclusive rights are inherited only for a certain period, and at the end of it, the results of intellectual activity and means of individualization become public domain. Protection of exclusive rights carried out in a general way. Features of the protection of exclusive rights are established by special laws (for example, the Trademark Law names such a method of protection as the removal at the expense of the infringer from counterfeit goods, labels, packages of an illegally used trademark, etc.). 12. Law "On Copyright and Related Rights" Law of the Russian Federation of July 9, 1993 No. 5351I "On Copyright and Related Rights" regulates in detail relations in the field of copyright and related rights. The law consists of 5 sections and 53 articles. The first section "General provisions" fixes the subject of regulation of this Law (relations arising in connection with the creation and use of works of science, literature and art (copyright), phonograms of performances, productions, broadcasts of on-air or cable broadcasting organizations (related rights), establishes the normative regulation of relations in the field of copyright and related rights (norms of Russian and international law), and also fixes the conceptual apparatus in the field of copyright and related rights. The second section "Copyright" fully dedicated to the regulation of copyright. It establishes the scope of Russian copyright for works published on the territory of the Russian Federation and abroad, names objects of copyright, which works are objects of copyright and which are not, regulates the order of occurrence of copyright, determines the legal status of authors, co-authors, compilers of collections and other composite works, translators and authors of other derivative works, the copyright for audiovisual and service works is regulated. The third section "Related rights" devoted to the regulation of relations in the field of performance of works. It also establishes the scope of application of related rights, determines who can be the subject of related rights, the legal status of the performer, phonogram producer, broadcasting and cable broadcasting organizations, cases of using a phonogram published for commercial purposes without the consent of the phonogram producer and performer, as well as cases of restriction the rights of a performer, a producer of a phonogram, an on-air or cable broadcasting organization, the terms of validity of related rights are regulated. The fourth section "Collective management of property rights" regulates the procedure for managing property rights by organizations established to ensure the property rights of holders of copyright and related rights, as well as the functions and obligations of these organizations. Fifth section "Protection of copyright and related rights" provides for liability for infringement of copyright and related rights, defines the concept of information on copyright and related rights, reveals ways to protect copyright and related rights and secure a claim in cases of infringement of copyright and related rights. 13. The concept and principles of copyright The concept of "copyright" is understood in an objective and subjective sense. AT objective sense of copyright - this is a set of legal norms governing relations arising in connection with the creation and use of works of literature, science and art (acts as a sub-branch of civil law). AT subjective sense copyright - a set of subjective rights arising from the author in connection with the creation of a particular work of literature, science and art. The term "copyright" is understood not only as the right of the author (creator) of the work, but also as the right of the legal owner of copyright. The main objective of copyright is, on the one hand, ensuring the interests of authors and their successors, and on the other hand, the interests of society as a whole. Copyright principles: a) principle of creative freedom - means that everyone is free to choose the sphere of creative activity, the method of its implementation, equality in the exercise of their rights as an author is presumed; b) the principle of combining the personal interests of the author with the interests of society - lies in the fact that, along with the exclusive right of the author to use his work (reproduce it in any way, transfer rights to third parties, etc.), the law provides for cases when the public interest is ensured (cases of using the work without the consent of the author and without paying him royalties ). Society is interested not only in the effective protection of copyright, but also in free access to copyrighted works; at) principle of inalienability of personal non-property rights of the author - means that under no circumstances are the rights related to personal non-property subject to any transfer to third parties due to their inalienable nature. The personal non-property right of the author is inseparable from the personality, is inextricably linked with the personality of the author and is not transferred to third parties even if the author expresses his will to such a transfer. In order to effectively use the work and protect copyright, there are exceptions to this principle (the right to publish the work, the right to protect the honor, dignity and business reputation of the author); d) principle of freedom of copyright - this principle means that the author is free to choose contractors, the terms of the author's agreement, and also provides for the invalidity of the agreement in the absence of the author's voluntary will to conclude the agreement. 14. Objects of copyright: concept, types, general characteristics Copyright Objects - works of literature, science and art, which are the result of creative activity, regardless of the purpose and dignity of the work, as well as the way it is expressed. The Law contains an approximate list of works that are objects of copyright: a) literary works (including computer programs) - artistic, documentary, educational works, lyrics, etc.; b) dramatic and musical-dramatic works, script works - performances in the theater, musicals, etc.; c) choreographic works and pantomimes - dance works, ballet shows, action scenes without verbal accompaniment; d) musical works with or without text - songs, melodies for a film, etc.; e) audiovisual works (cinema, television and video films, slide films, filmstrips and other cinema and television works); f) works of painting (displaying the objective world on a plane), sculptures (volumetric, three-dimensional works), graphics (drawings, their printed reproduction), design (external and internal appearance of the building), graphic stories (story using drawings), comics (story with the help of drawings and verbal explanations) and other works of fine art; g) works of arts and crafts (a two-dimensional or three-dimensional work of art transferred to objects of practical use, including a work of artistic craft or a work manufactured in an industrial way) scenographic art (designing the image of an actor for a stage work); h) works of architecture, urban planning and gardening art - buildings, structures, etc.; i) photographic works and works obtained by methods similar to photography - prints of photographic film negatives, prints of frames from digital media, etc.; j) geographical, geological and other maps, plans, sketches and plastic works related to geography, topography and other sciences; k) other works - such works, for example, which combine elements of several works. 15. Works of architecture as objects of copyright In accordance with the legislation of the Russian Federation, the object of copyright is the result of creative activity - a work of architecture, urban planning, gardening art, regardless of its purpose and dignity, as well as the way it is expressed. Copyright in works of architecture is also regulated by Federal Law No. 17FZ of November 1995, 169 "On Architectural Activities in the Russian Federation" (Chapter 4 "Copyright in Works of Architecture"). A work of architecture objectively exists in the form of a two-dimensional image (drawing, plan, drawing, etc.) or in three-dimensional volumetric form (model, layout, construction, etc.). The main objects of copyright , in which the result of creative architectural activity is expressed, are: 1) architectural project - a complex of isographic, text and other materials, the architectural part of the documentation for construction, containing the author's architectural volumetric and planning design solutions to the extent necessary for the development of documentation for the construction of an architectural object. An architectural project may also include three-dimensional images: layout, model, three-dimensional computer image; 2) construction documentation - a set of drawings, specifications and other materials necessary for construction and installation work, developed on the basis of an architectural project. Individual results of the architect’s creative activity (sketches, drawings, drawings, layouts, etc.) that do not constitute a set of design materials that make it possible to use them to develop documentation for the construction and erection of an object, depending on their nature, are works of graphic, pictorial or decorative applied arts and can be considered as works related to architecture; 3) architectural object - an object of creative architectural activity, created on the basis of an architectural project. An architectural object in the process of construction is also an object of copyright. The main way to use an architectural project is its practical implementation in the process of developing documentation for the construction (erection) of an architectural object. Personal non-property rights in case of creation of a work of architecture in the course of performance of official duties or official assignment belong to its author. 16. Derivative and composite works as objects of copyright Copyright objects include derivative works (translations, adaptations, annotations, abstracts, summaries, reviews, dramatizations, arrangements and other adaptations of works of science, literature and art), composite works (encyclopedias, anthologies, databases) and other composite works that are, by selection or arrangement, materials are the result of creative work. Derivative works are works that are adaptations of another work. Composite works - works that, by the selection or arrangement of materials, are the result of creative work. Such derivative and composite works are protected by copyright, whether or not the works on which they are based or which they include are subject to copyright. К translation of a work includes the translation of a work from one language into another (for example, from English into Russian), including into languages of non-verbal communication. Work processing - a process that results in a secondary work created for informational or reference purposes. Abstract - a short work in which the author displays a brief description of the content of the work, its concept and essence. Реферат - a summary in writing or in the form of a public presentation of the content of the book, scientific work, the results of studying a scientific problem. Summary - a brief concluding summary of a speech, article, report, message or other literary work. Review - a work where the characteristics of other works are included in a coherent text built according to the general plan of the browser in one system or another. dramatization - processing of a narrative, prose or poetic work for theater or cinema. Arrangement - Arrangement of a musical work for performance by its instruments or voices, for which it was not intended in the original. Encyclopedia - a reference publication containing in a generalized form basic information on one or all branches of knowledge and practice, presented in the form of brief articles arranged in alphabetical or systematic order. Anthology - a non-periodical collection, including selected (poetic) literary and artistic works or extracts from them. Data Bank - a set of related data organized according to certain rules, providing for general principles of description, storage and manipulation, independent of application programs. 17. Audiovisual works as objects of copyright Audiovisual works consist of a fixed series of interconnected frames (with or without sound accompaniment). Designed for visual and auditory perception with the help of appropriate technical means. They include cinematographic works and all works expressed by means similar to cinematographic (television and video films, filmstrips and slide films and the like), regardless of the method of their initial or subsequent fixation. TV movie - a television film, a staged (feature) film created specifically for demonstration on a television broadcasting network - taking into account the technical capabilities of television and the peculiarities of the perception of the image on the TV screen by viewers. A television film differs from motion pictures (video films) in its artistic construction, i.e., a smaller number of general plans, the absence of small image details in the frame field, and when shooting on film, a smaller range of densities and reduced image contrast. Film-strip - a short film made up of a series of positive images, united by a common theme or (less often) thematically unrelated to each other. A type of filmstrip is microfilm. A filmstrip is viewed through a filmoscope (for individual use) or through a slide projector, projecting an image onto a screen. A filmstrip may be accompanied by sound (an announcer's text, playback of a soundtrack in parallel with the demonstration of a filmstrip), or it may not be accompanied. slidefilm - a short film consisting of periodically replacing each other slides, united by a common theme. Unlike a filmstrip, a slide film is an intermittent display of frames with or without a detailed explanation. A slide film may or may not be accompanied by sound (most often the speaker's text). Other objects of audiovisual works include music, advertising clip and video clip. A music video is an audiovisual work, which is a combination of a musical work with a short video film. promotional clip - a short video message about the advertised product, work or service. Video clip - a part of a whole video film created for demonstration purposes or combining several parts of a video film. 18. Subjects of copyright The subject of copyright is primarily the author of the work - the creator of a work, who has a combination of property and personal non-property rights, and, unless proven otherwise, the person indicated as the author on the original or other copy of the work. There are original and derivative subjects of copyright. Subject of original copyright there is always a citizen (natural person), who acquires the whole complex of exclusive property and personal non-property rights. Subject of derivative copyright is an individual or legal entity, including an individual entrepreneur, who has been assigned copyright property (exclusive or non-exclusive) rights and uses them in accordance with the terms of the author's agreement. The age of the creator of the work does not matter. For incapacitated and minors (under 14 years of age), copyright is exercised on their behalf by parents, adoptive parents or guardians. Minors aged 14 to 18 can independently exercise their copyright rights (for example, conclude contracts for the publication of their works). Persons with limited legal capacity due to alcohol or drug abuse may also be authors. However, they can exercise copyright only with the consent of their trustees. Legally incompetent persons can also be copyright holders. Subjects of copyright are also foreign citizens : copyright extends to works published on the territory of the Russian Federation or not published, but located in some objective form on the territory of the Russian Federation, and is recognized for the authors (their legal successors) regardless of their citizenship. The authors are also subject to copyright. The author of the collection and other composite works (compiler) owns the copyright for the selection or arrangement of materials that are the result of the author's work. The compiler enjoys copyright provided that he respects the rights of the authors of each of the works included in the composite work. Authors of works included in a composite work have the right to use their work independently of the composite work, unless otherwise provided by the copyright agreement. Copyright passes by inheritance and in the event of the author's death or declaration of his death, his property rights pass to his heirs, who can also protect some of the author's personal non-property rights in case of their violation. 19. Related rights For the first time, the concept of "related rights" appeared in the USSR in the Fundamentals of Civil Legislation in 1991. In the USSR, the creative activity of performers was regulated by labor law, and its results were not subject to copyright. In Russia, the legal protection of related rights is regulated by Section 3 "Neighboring Rights" of the Law "On Copyright and Related Rights". Related rights - rights that are close to copyright and derivatives of it, but do not completely coincide with it. They arise as a result of the manifestation of certain creative efforts, but the element of creativity in this case is insufficient to speak of the existence of copyright. Related rights are inextricably linked to copyright , but the latter may exist independently of related rights. At the same time, related rights exist, as a general rule, only when there is a work that can be performed, recorded on a phonogram, included in the broadcast of an on-air and cable broadcasting organization. The need for legal protection of related rights is primarily due to the development of technical capabilities for the reproduction and distribution of works, which make it possible to commercially exploit the performance of works, phonograms of musical recordings, etc. Once the possibility of reproduction of a work ceased to be associated with the repetition of the entire production process and it became possible to make high-quality copies from existing recordings, there was a need for special protection of the interests of subjects of related rights. It was also necessary to take into account the fact that the talented performance of a work largely determined its commercial success, and therefore the performers of works have long raised the issue of protecting their property rights. Main purpose of related rights is that the use by third parties of phonograms, radio and television programs, as well as the creative results of the performer requires the consent of the respective copyright holders. According to the Law "On Copyright and Related Rights" phonogram - any exclusively audio recording of performances or other sounds. Related rights can be divided into three independent categories: 1) rights of performers; 2) rights of producers of phonograms; 3) the rights of broadcasting and cable broadcasting organizations. They have different objects and subjects, they also differ in volume and content. What they have in common is that they are derived from copyright. 20. Subjects and objects of related rights Subjects of related rights: 1) performers - actors, singers, musicians, dancers or other persons who play a role, read, recite, sing, play a musical instrument or otherwise perform works of literature or art (including a variety, circus or puppet act), as well as a director - performance director and conductor; 2) phonogram producer - the natural or legal person who took the initiative and responsibility for the first sound recording of the performance or other sounds; in the absence of evidence to the contrary, the producer of a phonogram is recognized as an individual or legal entity whose name or denomination is indicated on this phonogram and (or) on the case containing it in the usual way; 3) organization of on-air and cable broadcasting - a legal entity that carries out, as its main activity, the broadcasting or cable transmission of radio or television signals, through which radio or television programs are brought to an indefinite circle of people. The objects of related rights are: 1) objects of performers' rights - the results of performing activities of performers, directors of performances and other theatrical performances, conductors, if these results are expressed in a form that allows them to be distributed using technical means, including sound recording or video recording, by broadcasting on the radio or television; 2) objects of recording rights of producers of phonograms - sound recordings and video recordings with and without sound; 3) objects of the rights of broadcasting and cable broadcasting organizations - broadcasting or transmission by cable of radio and television signals, through which radio or television programs are brought to an indefinite circle of people. Objects of performing rights are performances as such, which include the presentation of works, phonograms, as well as other performances by means of playing, reciting, singing, dancing, either in direct contact with the audience or with the help of technical means. The objects of related rights are also sound recordings and video recordings both with sound and without sound (recordings). The object of related rights of broadcasting and cable broadcasting organizations is a transmission as a set of sound and visual signals sent over the air or by cable, created by the organization itself or by its order at the expense of another organization. Transfer as an object of related rights implies certain creative efforts on the part of its creators, which require the provision of related rights. 21. Personal non-property rights of authors Moral rights - the rights of the subject of legal relations, which are inextricably linked with the personality of an individual, as well as the legal status of a legal entity, which do not contain a property, valuation of these rights. Distinguish: 1) personal non-property rights closely related to property rights; 2) personal non-property rights not related to property rights. The personal non-property rights of authors are among the rights closely related to property rights. According to the Law of the Russian Federation "On Copyright and Related Rights" (Article 15), the author owns the following personal non-property rights of the author : 1) the right to be recognized as the author of a work (right of authorship); 2) the right to use or allow the use of the work under the real name of the author, a pseudonym or without a name, i.e. anonymously (the right to a name); 3) the right to publish or allow to publish the work in any form (the right to publish), including the right to withdraw; 4) the right to protect the work, including its title, from any distortion or other infringement that could damage the honor and dignity of the author (the right to protect the reputation of the author). Copyright - the right of the creator of a work to be recognized by society as the author of this work on the basis of the fact of its creation. On the basis of this right, the author can demand protection of his interests in case of assignment of authorship by other persons. The right of authorship arises in connection with the fact of the creation of a work and does not require special registration with any authority. Signs of copyright: a) the right of authorship is exercised only by the author and is inalienable from the personality of the author; b) the right of authorship does not pass in the order of universal succession. The right to a name - the ability of the author to use or allow the use of works under his real name, a pseudonym or without a name (anonymous), with a choice of the method and completeness of indicating his name. Right of publication - the right, independently or with the help of another form, to make the work available to the public through its publication, public display, public performance, broadcast or otherwise. Right of withdrawal - the right of the author to waive the earlier decision to publish the work with compensation for the losses caused by such refusal to the user, including lost profits. The right to protect the reputation of the author - the right of the author to protect the work from any distortion or other infringement that could damage the honor and dignity of the creator of the work. 22. Property rights to use a work of science, literature, art Property copyright - the right of the author or other right holder to use the work in the ways specified in the law or the contract for a fee. Property rights include the right to: a) to reproduce a work (the right to reproduce) - re-giving a work an objective form, even if it does not coincide with the original, including publication and re-publication, duplication of sound recordings and video recordings; b) distribute copies of the work in any way: sell, rent, etc. (the right to distribute) - the right to alienate copies that are the material carrier of the work; c) import copies of the work for the purpose of distribution, including copies made with the permission of the owner of exclusive copyright (the right to import), - distribution of copies of the work on the territory of foreign states; d) publicly display a work (the right to public display) - demonstration of the original or a copy of the work directly or on the screen using a film, transparencies, television frame or other technical means in a place open to free space, or in a place where an indefinite circle of people are present ; e) publicly perform a work (the right to public performance) - such a reproduction of a musical or dramatic work, when its images are embodied in sounds or certain body movements, and the perception of such reproduction is direct and is carried out by an indefinite circle of persons (spectators); f) communicate the work (including display, performance or broadcasting) to the public by broadcasting and (or) subsequent broadcasting (the right to broadcast). Broadcasting involves communicating a work by means of signaling; g) communicate a work (including display, performance or broadcast) to the public by cable, wire or other similar means (the right to communicate to the public by cable); h) to translate a work (the right to translate) - the right to independently translate a work into another language or to allow another person to translate; i) remake, arrange or otherwise rework the work (the right to rework); j) to communicate the work in such a way that any person can have access to it online from any place and at any time of their choice (right of communication to the public). 23. Collective management of the property rights of authors In most cases, authors and owners of related rights do not exercise their rights themselves, but transfer the rights to use works to other persons. At the same time, situations are possible when the author or other copyright holder cannot really control who and how uses his work. In such cases, the Law on Copyright and Related Rights allows the creation of special intermediaries - organizations managing property rights on a collective basis. Such organizations not allowed to engage in commercial activities and they are subject to the restrictions provided for by the antimonopoly legislation. They are created directly by the owners of copyright and related rights and operate within the powers they have received on the basis of a charter approved in the manner prescribed by law. At the same time, it is allowed to create either separate organizations for various rights and various categories of right holders, or one organization that simultaneously manages copyright and related rights. The activity of such organizations begins with the fact that they conclude an agreement with a certain group of authors, other right holders or subjects of related rights, according to which the latter transfer all their exclusive rights to use works in the area in which the organization operates. However, having received these rights, the organization itself cannot use them; its purpose is to further transfer them to potential users (radio and television stations, restaurants, etc.). Users have the right to use all works, in respect of which the organization has received rights from authors and subjects of related rights. They also receive the rights to use those works and objects of related rights, the owners of which have not concluded agreements with the organization on granting them their rights. In turn, the user pays the organization a reward for the rights granted to him. At the same time, the user is obliged to regularly inform the organization which works or objects of related rights have been used by him. Based on paragraph 3 of Art. 44 of the Law on Copyright and Related Rights, licenses are granted to users, which must be the same for all users. At the same time, authors have the right to withdraw their works from the licenses issued by the organization exercising collective management. Refuse without good reason in issuing a license to exercise collective management of property rights is not allowed. 24. Property rights of performers, producers of phonograms and broadcasters The exclusive property rights of the performer include the exclusive right to using the execution result in the following ways: 1) broadcasting or communication to the public by cable of a performance or production , if the performance or production used for such transmission has not been previously broadcast or is not carried out using a recording (broadcast of the performance on the air or by cable). The right to broadcast (broadcast) a performance on the air or by cable may be exercised if the performance used for such transmission has not been previously broadcast by any television company and the broadcast or by cable is not carried out using a recording; 2) recording of a previously unrecorded performance or production . The recording of a performance is understood as the fixation of sounds and (or) images with the help of technical means in any material form that allows them to be repeatedly perceived, reproduced or communicated. In this case, we are talking about the first recording of the performance; 3) reproduction of a recording of a performance or production . Playback of a recording of a performance - the production of one or more copies of a sound recording of a performance on any material medium (showing the recording in the cinema, on television, displaying the recording on a TV or computer screen cannot be considered as reproduction); 4) broadcasting or cable recording of a performance or production if the recording was originally made for non-commercial purposes; 5) rental of commercially published phonograms , on which a performance or staging with the participation of the performer is recorded. This right, when concluding a contract for the recording of a performance or staging on a phonogram, passes to the producer of the phonogram; at the same time, the performer retains the right to remuneration for renting copies of such a phonogram. The right to lease a phonogram published for commercial purposes, on which a performance is recorded with the participation of a performing artist, upon conclusion of a contract for the recording of a performance, to a phonogram automatically passes to the producer of the phonogram. At the same time, the performing artist retains the right to remuneration for renting out copies of such a phonogram (the amount of the fee is determined in the contract for recording the performance). The rights of performers are protected if the performer is a citizen of the Russian Federation, if the performance or staging took place on the territory of the Russian Federation. 25. Use of a work without the consent of the author and payment of royalties Free use for personal purposes. Without the consent of the author and without payment of remuneration, it is possible to reproduce a lawfully published work exclusively for personal purposes (except for audiovisual works or sound recordings of works, databases or essential parts of them, as well as computer programs, works of architecture in the form of buildings and similar structures, as well as reproduction of books (in full) and musical texts). Free use for informational purposes. Articles lawfully published in newspapers or magazines or aired on current economic, political, social and religious issues may be reproduced in newspapers, broadcast or transmitted by cable without the consent of the author and without payment of royalties, unless such actions have been specifically prohibited by the author. , as well as the reproduction by the listed methods of publicly delivered political speeches, appeals, reports and other similar works to the extent justified by the informational purpose. Free use for scientific, educational, cultural, social purposes . Free use allowed: 1) by quoting for scientific, research, polemical, critical and informational purposes to the extent justified by the purpose of quoting, including the reproduction of excerpts from newspaper and magazine articles in the form of press reviews; 2) as illustrations in publications, in radio and television programs, sound and video recordings of an educational nature to the extent justified by the goal; 3) by reproduction in relief font or by other special methods for the blind, except for works specially created for such methods of reproduction. It is allowed to freely provide for temporary gratuitous use by libraries of copies of works legally introduced into civil circulation (copies expressed in digital form can be provided only on the premises of libraries, provided that it is not possible to create copies of them in digital form). Free use, due to the need to respect the interests of other copyright holders. It is possible to freely reproduce, broadcast or communicate by cable works of architecture, photography, fine art, which are permanently located in a place open to free access, except in cases where the image of the work is the main object of such use or when the work is used for commercial purposes. 26. Duration of copyright. public domain For property and personal non-property rights, a different period of validity of copyright is provided. Personal non-property rights (the right of authorship, the right to a name and the right to protect the reputation of the author) are protected indefinitely. Property rights are limited lifetime of the author and 70 years after his death . The law provides for some exceptions to the general rule: a) the term of copyright in a work published anonymously or under a pseudonym, is 70 years from the date of its legal publication . However, if the author discloses his identity during this period or his identity is no longer in doubt, then the general term of copyright (during life and 70 years after death) applies; b) copyright in a work created in co-authorship is valid throughout life and 70 years after the death of the last surviving author ; c) copyright in a work first published after the death of the author is valid within 70 years of its release ; d) if the author was repressed and rehabilitated posthumously, then the term of protection of rights effective from 1 January of the year following the year of rehabilitation ; e) if the author worked during the Great Patriotic War or participated in it, then the term of copyright protection is increased by 4 years . The term of copyright begins on January 1 of the year following the year in which the work was made public or the legal fact that was the basis for the start of the term took place. The author has the right to appoint a person, according to the rules for appointing an executor of the will, who will protect the author's personal non-property rights for life. In the absence of such an indication, the protection of the author's rights is carried out by the author's heirs or, if there are none, by the Russian Federation. public domain - a state in which the work is used without the appropriate payment of royalties due to the expiration of the copyright. The use of the work is subject to the personal non-property rights of the author. The Government of the Russian Federation may establish cases of payment of special deductions for the use on the territory of the Russian Federation of works that have passed into the public domain. Such deductions are paid to the professional funds of authors, as well as to organizations that manage the property rights of authors on a collective basis, and cannot exceed one percent of the profit received for the use of such works. 27. Ways to protect copyright and related rights Protection of copyright and related rights - is a set of measures, the purpose of which is the restoration and recognition of these rights in case of their violation. Depending on the branch of law that provides protection of copyright and related rights, the following methods of protection are distinguished. 1. Civil law method of protection - compensation for property damage to the author or other copyright holder. First of all, the protection of copyright and related rights takes place in the ways provided for in Article 12 of the Civil Code of the Russian Federation. Protection of copyright and related rights in this way has a number of specific features. Personal non-property rights are subject to protection regardless of the fault of the offender. In the case, for example, if the publishing house did not know and could not know that it publishes a work appropriated by another author, it must take all measures to eliminate the offense. If a mistake is made in the name of the author, then the author has the right to demand changes in the circulation, or a publication informing about the mistake made and which name is considered correct, or to demand a ban on the publication of the work. Claims for the protection of personal non-property rights shall not be subject to limitation of actions. In case of violation of property copyrights: a) counterfeit (i.e., made with copyright infringement) copies may be seized until the case is considered on the merits; b) the author or other owner of exclusive rights has the right to demand, at his choice, from the infringer, instead of compensation for losses, payment of compensation (the amount is from 10 thousand rubles to 5 million rubles, twice the value of copies of works or objects of related rights, or twice the value of the rights to use of works or objects of related rights); c) the author or other owner of exclusive rights has the right to demand compensation for moral damage, as well as compensation for lost profits; d) the court may order the confiscation of counterfeit copies of the work, as well as materials and equipment used for their reproduction. 2. Administrative legal method of protection - by applying to higher organizations in relation to the violating organization, to the antimonopoly authority or creative union (for example, Articles 14.20, 15.25, 16.19 of the Code of Administrative Offenses of the Russian Federation). 3. Criminal defense method - for the most serious violation of copyright and related rights. The Criminal Code of the Russian Federation provides for liability, for example, for plagiarism (Article 146), if this act caused major damage to the author or other copyright holder or was committed on a large or especially large scale. 28. Patent Law of the Russian Federation The Patent Law of the Russian Federation of September 23, 1992 No. 35171 regulates relations arising in connection with the legal protection and use of inventions, utility models and industrial designs. The law consists of 9 sections and 45 articles. Section 1 "General Provisions" determines the relations regulated by the Patent Law, establishes the place and role of the federal executive authority for intellectual property, and also establishes the general provisions for the legal protection of an invention, utility model, industrial design. Section 2 Patentability Conditions determines the conditions for the patentability of an invention, utility model, industrial design, establishing their essential features, criteria for patentability, what is an invention, utility model, industrial design, and what is not. Section 3 "Authors and Patent Holders" dedicated to the subjects of patent legal relations. It establishes who can be the author of an invention, utility model, industrial design, patent holder, who owns the right to obtain a patent. Section 4 "Exclusive right to an invention, utility model or industrial design" fixes the legal status of the patent owner, establishes an exhaustive list of actions that are not recognized as a violation of the exclusive right of the patent owner, determines what the right of prior use is, etc. Section 5 "Obtaining a patent" establishes a detailed procedure for granting a patent by the competent authorities. The procedure for filing an application for the grant of a patent, the requirements for applications, the procedure for conducting an examination of applications, the implementation of temporary legal protection, etc. are fixed. Section 6 Termination and Restoration of Patent regulates the procedure for invalidating a patent, early termination and restoration of its validity. Section 6.1 "Peculiarities of Legal Protection of Secret Inventions" fixes the provisions on the procedure for obtaining a patent for a secret invention, as well as registration and grant of a patent, recognizing it as invalid, establishes a procedure for changing the degree of secrecy and declassifying an invention. Section 7 "Protection of the rights of patent holders and authors" establishes liability for violation of patent law, and also fixes the list of disputes considered in court. Section 8 "Final Provisions" establishes the rules on patent fees, state incentives for the creation and use of inventions, utility models, industrial designs, patent legal relations with the participation of foreign persons and abroad. 29. The concept and principles of patent law Patent Law - a set of legal norms governing property, as well as personal non-property relations related to them, arising in connection with the creation and use of inventions, utility models and industrial designs. The objects of patent law are inventions, utility models and industrial designs. Combining them in this sub-branch of civil law due to the fact that : a) these objects of intellectual property are similar to each other and differ significantly from other objects; b) the protection of these objects is carried out in a single form - by issuing a patent; c) the legal regulation of these objects has a certain similarity. 1. Recognition for the patent owner of the exclusive right to use the patented object means that only the patent owner can manufacture, use, import, sell and otherwise put into economic circulation the patented development. Other persons must refrain from using it not authorized by the patent owner, and the patent owner is entitled to demand it. 2. Granting protection only to those developments that are officially recognized as patentable inventions, utility models and industrial designs , means that in order to obtain protection, the interested authorized person must follow the procedure for obtaining a patent: properly fill out an application, submit it to the body that registers and grants a patent, etc. Only that invention, utility model and industrial design is protected by patent law, for which the relevant Thus, a patent was issued, the procedure for recognition by the state of novelty and industrial applicability of the invention, utility model and industrial design was carried out. 3. The law recognizes and protects the rights and interests of not only patent holders, but also the actual creators of inventions, utility models and industrial designs. . This means that patent law consolidates the interest of persons who do not receive a patent for the use of inventions, utility models and industrial designs, but are directly involved in their creation and development. The law provides for the right to receive remuneration for the development of inventions, utility models and industrial designs as part of an official assignment. The creators of objects of patent law retain personal non-property rights, which are perpetual and non-transferable. 30. The concept and criteria for patentability of an invention Invention - a technical solution recognized as an invention by the state and protected by it in accordance with the legislation in force in each country. The invention itself is intangible, but it has a certain object - that technical means by which this intangible means will be materialized. The objects of the invention are divided into products and methods. Products include: a) device - structural elements or a complex of such elements that are in functional connection with each other. These are machines, devices, installations, devices, tools, units, fixtures and their parts. The device is characterized by design features and exists in three dimensions; b) substances - artificial material formations as a set of interrelated elements: solutions, alloys, emulsions, etc. Substances created both as a result of chemical reactions and in another way, in particular physical (distillation, electrolysis, pressing) are recognized as inventions; at) strains of microorganisms - hereditary, new environments of microorganisms used directly or contributing to the creation of useful substances; d) plant or animal cell cultures - single cell cultures (eg animal clones) and consortiums (combinations of plant and animal cell cultures). Methods - establishment of a new sequence of certain actions, as a result of which a certain result is achieved. The method is expressed in the sequence and nature of actions and techniques. Criteria for patentability of an invention: 1) the invention is new - the invention must be previously unknown to mankind. Novelty is established on the priority date of the invention. An invention is new if there is no information capable of discrediting its novelty; 2) it has an inventive step - the invention is necessarily creative. The invention has an inventive step if no solutions have been identified that have features that coincide with its distinctive features, or such solutions have been identified, but the knowledge of the influence of distinctive features on the technical result indicated by the applicant has not been confirmed; 3) the invention is industrially applicable - there is a possibility of using the invention in industry, agriculture, healthcare, etc. According to this criterion, the possibility of patenting non-reproducible objects, the functioning of which is based on the unique features of its individual formations that are not repeated in nature, is excluded. 31. Features of the legal protection of secret inventions secret invention - an invention classified by the competent authorities in the category of inventions according to the degree of secrecy of special importance, an invention that is classified as "top secret", and also related to weapons and military equipment, to means and methods in the field of intelligence, counterintelligence and operational-search activities and for which the security level is set to "secret". The secret invention may contain information, constituting a state secret . An application for such inventions must be submitted to the relevant ministries and departments, which must receive the appropriate authority from the Government of the Russian Federation. Registration of a secret invention and the issuance of a patent for it takes place by the department whose competence includes the registration of this or that invention. After registration and issuance of a patent, the relevant department notifies the federal executive body for intellectual property. Three degrees of secrecy of information constituting a state secret are established, and the classifications corresponding to these degrees of secrecy for carriers of the specified information: "of special importance", "top secret" and "secret". In accordance with this division of the degree of secrecy secret invention can also be labeled "special importance", "top secret" and "secret". A change in the degree of secrecy of an invention entails a change in the status of the invention, up to the removal of secrecy from the invention. The grounds for declassifying information are: a) the Russian Federation assumes international obligations for the open exchange of information constituting a state secret in the Russian Federation; b) a change in objective circumstances, as a result of which further protection of information constituting a state secret is inappropriate. Patent for a secret invention may be invalidated . Objections to the issuance of a patent are filed not with the Chamber for Patent Disputes, but with the body authorized to issue patents for secret inventions. The patent owner receives the exclusive right to a secret invention. The exercise of the right, its transfer to other persons and the granting of the right to use it are carried out in compliance with the legislation on state secrets. Due to the secrecy of the invention, a potential user may not be aware of the existence of a patent for this invention and therefore will use it without asking the patent owner for permission. 32. The concept and criteria for patentability of a utility model utility model - a new and industrially applicable technical solution related to the device. The concept of "utility model" usually covers those technical innovations that, in their appearance, are very similar to patentable inventions, but are less significant in terms of their contribution to the state of the art. Like an invention, a utility model is a technical solution. Differences between a utility model and an invention: a) technical solutions related to the type of devices are protected as a utility model, while any technical solution (substances, strains of microorganisms, etc.) can be an invention; b) the utility model is not subject to the requirement of inventive step. Utility model patentability criteria: 1) utility model novelty . A utility model is recognized as new if the totality of its essential features is unknown from the prior art, i.e., the totality of information publicly available in the world. The composition of the prior art includes information that has become publicly available before the priority date of the utility model, published in the world about the means of the same purpose as the claimed utility model, as well as information about their use in the Russian Federation, and also, subject to their earlier priority, all filed in the Russian Federation by others by persons applications for inventions and utility models, the documents of which any person and inventions and utility models patented in the Russian Federation are entitled to familiarize themselves with; 2) industrial applicability of utility model - the declared solution is feasible, and the applicant has developed and reflected in the application specific means sufficient to implement it. A utility model is industrially applicable if it can be used in industry, agriculture, healthcare and other industries. Such disclosure of information related to the utility model by the author, applicant or any person who received this information directly or indirectly from them, in which information about the nature of the utility model became publicly available, is not recognized as a circumstance preventing the recognition of the patentability of a utility model, if the application for a utility model filed with the federal executive authority for intellectual property no later than six months from the date of disclosure of information. As utility models, legal protection is not granted: a) decisions relating only to the appearance of products and aimed at satisfying aesthetic needs; b) topologies of integrated circuits; c) decisions that are contrary to public interests, the principles of humanity and morality. 33. The concept and criteria for the patentability of an industrial design Industrial model - an artistic design solution for a product of industrial or handicraft production, which determines its appearance. The term "artistic design solution" means that in this case we are talking about the unity of the aesthetic component of the product (external form) and its technical performance. Ware - a variety of items that, as a rule, have a utilitarian purpose; and they must be observed. Originality of the industrial design - creation of a model or drawing declared as an industrial design independently, without copying and borrowing. Registration of an industrial design provides legal protection only to its artistic features, while functional features can be copied by any person. A patent can only be granted for products that can be reproduced industrially. Criteria for the protection of an industrial design: 1) novelty of industrial design - lack of identity with known solutions. An industrial design is recognized as meeting the conditions of novelty if the totality of its essential features that determine the aesthetic and (or) ergonomic features of the product (to which the design is applied) is not known from information publicly available in the world before the date of priority of the industrial design. Identity is established by comparing the essential features of the claimed and known sample, recognized as the closest analogue; 2) originality of industrial design - the uniqueness of the aesthetic object and subject, which manifests itself: a) in the richness and originality of the content and form of a work of art; b) in the depth and originality of the aesthetic perception of the world; c) in the evaluation and critical interpretation of the phenomena of art. An industrial design is recognized as original if its essential features determine the creative nature of the features of the product. The originality requirement is not met if: a) only the number of known elements has been changed; b) the dimensions of the known are proportionally changed; c) only technology and materials have been changed; d) the well-known model is realized in the form of a drawing (a three-dimensional sample is converted into a two-dimensional one). The following solutions are not recognized as patentable industrial designs: a) due solely to the technical function of the product; b) objects of architecture (except for small architectural forms), industrial, hydraulic and other stationary structures; c) objects of unstable form from liquid, gaseous, friable or similar substances; d) products that are contrary to public interests, the principles of humanity and morality. 34. General characteristics of the subjects of patent law Author of an invention, utility model, industrial design the natural person whose creative work they are created is recognized. The person indicated as the author in the patent application is considered the author of the invention, utility model, industrial design, unless otherwise proven. This category also includes foreigners and stateless persons. Foreign individuals and legal entities exercise patent rights in relation to inventions on the basis of international treaties to which the Russian Federation is a party. The law does not establish age limits for recognizing a citizen as the author of an invention. However, citizens can really exercise their rights in relation to the created invention from the age of 14 (Article 26 of the Civil Code of the Russian Federation). The authors are recognized only persons who have made a personal creative contribution in the creation of an invention. Individuals who have not made a creative contribution to the creation of inventions and who provided the authors with only technical, organizational or material assistance or only contributed to the registration of the right to it and its use are not recognized as authors. Under technical assistance can be understood as making drawings, samples, performing calculations, conducting experiments according to the program specified by the inventor, selecting information materials at the request of the inventor, etc. Persons who limited themselves to expressing the general idea of the invention, utility model cannot be considered as co-authors , industrial design without materializing it. Patentee - a person who owns a patent for an object of industrial property and the exclusive rights to use this object arising from the patent. The patent owner may be the author of the development, his heirs, employer or other persons. A patent may be issued to any citizen or legal entity who, at the time of filing the application, has exclusive rights for the use of an object of industrial property. An exclusive right may be transferred by way of universal succession. For example, rights may be transferred to a legal entity for a fee. The successor of the author of an invention, utility model or industrial design, or an employer entitled to a patent, can also become the result of inheritance. The right to obtain a patent for a service invention, service utility model, service industrial design belongs to the employer, unless otherwise provided by the contract between him and the employee (author). 35. Legal status of patent attorneys Patent Attorney - a citizen of the Russian Federation who, in accordance with the law, has been granted the right to represent individuals and legal entities before the authorized body for registration and issuance of a patent and organizations that are part of the unified state patent service. Requirements for a patent attorney: a) has a permanent place of residence in the Russian Federation, higher education and at least 4 years of practical experience in the field of industrial property protection or professional legal representation (a lawyer or other person who has received permission to engage in law enforcement activities); b) has knowledge of the legislative and other regulatory acts of the Russian Federation, international treaties and agreements necessary for the implementation of activities to protect the rights to industrial property objects and the relevant skills in their practical application, confirmed by the results of the qualification exam. Can't be registered as a patent attorney, a citizen who, in accordance with the law, is prohibited from engaging in entrepreneurial activities. A patent attorney can carry out his professional activities both independently as an entrepreneur and as an employee. The right to exercise the professional activity of a patent attorney arises starting from the date of its registration in the register . A patent attorney has the right to represent any person who has concluded an agency agreement or other agreement of similar content with him in accordance with the legislation of the Russian Federation. The powers of a patent attorney to conduct business before the authorized body for registration and issuance of a patent and organizations included in the unified state patent service are confirmed by a power of attorney. A power of attorney for representation is issued to a patent attorney by the principal in a simple written form and does not require notarization. Patent Attorney unable to accept orders in cases where he, in the case that is the subject of the commission, represented or advised persons whose interests clearly conflict with the interests of the person who applied for the conduct of the case, or otherwise participated in its consideration, as well as in the case of consideration of the case by an official with whom the patent attorney is related. Persons who are not registered as patent attorneys in accordance with the regulations of the Russian Federation, not entitled to use in its activities on the territory of the Russian Federation with the name "patent attorney". 36. Federal Executive Authority for Intellectual Property The federal executive body for intellectual property is Federal Service for Intellectual Property, Patents and Trademarks which performs the functions of control and supervision in the field of legal protection and use of intellectual property objects, patents and trademarks and the results of intellectual activity involved in economic and civil law circulation, observance of the interests of the Russian Federation, Russian individuals and legal entities in the distribution of rights to the results intellectual activity, including those created within the framework of international scientific and technical cooperation. The Federal Service for Intellectual Property, Patents and Trademarks has the following powers: a) organizes the acceptance of applications for intellectual property objects, their registration and examination; issues, in accordance with the established procedure, patents of the Russian Federation for an invention, utility model, industrial design, certificates of the Russian Federation for a trademark, service mark, for the right to use an appellation of origin, for a trademark well-known in the Russian Federation, certificates of official registration of computer programs, databases, topologies of integrated circuits; b) registers agreements on granting the right to inventions, utility models, industrial designs, trademarks, service marks, protected computer programs, databases, topologies of integrated circuits, as well as commercial concession agreements for the use of intellectual property objects protected in accordance with the patent the legislation of the Russian Federation; c) carries out attestation and registration of patent attorneys of the Russian Federation, as well as the issuance of registration certificates to them; d) publishes information relating to the registration, issuance, validity and termination of patents, etc. The Federal Service is headed by a head appointed to and dismissed by the Government of the Russian Federation on the proposal of the Minister of Education and Science of the Russian Federation. The Head of the Service has deputies who are appointed and dismissed by the Minister of Education and Science of the Russian Federation on the proposal of the Head of the Service. Federal Service for Intellectual Property, Patents and Trademarks is a legal entity , has a seal with the image of the State Emblem of the Russian Federation and with its name, other seals, stamps and forms of the established form, accounts opened in accordance with the legislation of the Russian Federation. 37. Rights and obligations of patent holders The patent owner has the exclusive right to use the invention protected by the patent, provided that such use does not violate the rights of other patent owners. The patent owner has the right to carry out: a) import into the territory of the Russian Federation, manufacture, use, offer for sale, sale, other introduction into civil circulation or storage for these purposes of a product in which a patented invention, utility model is used, or products in which a patented industrial design is used. Import - movement of the product across the customs border of the Russian Federation in order to introduce it into economic circulation. Production - a complete technological process of creating a product (product). Application - industrial use of the product for commercial purposes. Offer for sale - any specific actions aimed at the implementation of the product, but the implementation itself is missing; b) performing the actions indicated above in relation to a product obtained directly by a patented method. In this case, if the product obtained by the patented method is new, an identical product is considered to be obtained by using the patented method in the absence of evidence to the contrary; c) the performance of the actions indicated above in relation to the device, during the operation (operation) of which, in accordance with its purpose, the patented method is automatically carried out; d) implementation of the method in which the patented invention is used. The patent holder has the right transfer the exclusive right to an invention, utility model, industrial design (assign a patent) to any individual or legal entity. Such an assignment is formalized with the help of an agreement, which is subject to registration with the Federal Service for Intellectual Property, Patents and Trademarks. In the event that the patented objects are not used or insufficiently used by the patent owner and persons to whom the rights to them are assigned, within four years from the date of issue of the patent, and the patented utility model within three years from the date of issue of the patent, which leads to an insufficient supply of the relevant goods or goods or services market, any person willing and ready to use patented objects if the patent owner refuses to conclude a license agreement with this person has the right to file a lawsuit against the patent owner for a compulsory non-exclusive license to use patented objects in the territory of the Russian Federation. 38. Emergence, execution and duration of patent rights The emergence and existence of patent rights is associated with obtaining a patent. To get a patent an application for an invention, utility model or industrial design must be filed with the registration authority. In order to file an application, it is necessary to have the right to obtain a patent in accordance with the Patent Law of the Russian Federation. Persons eligible to apply include: a) the author; b) any person to whom the author has granted the right to obtain a patent; c) patent attorneys. An application for the grant of a patent for an industrial property subject matter must relate to one invention or a group of inventions so interrelated that they form a single inventive concept, and should contain : a) an application for the grant of a patent indicating the author (authors) of the subject matter of industrial property and the person (persons) in whose name (whom) the patent is requested, as well as their place of residence or location; b) a description of the subject matter of industrial property, disclosing it in sufficient detail for implementation; c) the formula of the object of industrial property, expressing its essence and fully based on the description; d) drawings and other materials, if they are necessary for understanding the essence of the object of industrial property; e) abstract. Attached to the application for an industrial property object a document confirming the payment of the patent fee in the prescribed amount, or a document confirming the grounds for exemption from paying the patent fee, or reducing its amount, or deferring its payment. After receiving the application formal examination is carried out . If any documents are missing, the applicant is sent a request to eliminate the shortage, which must be executed within two months from the date of its receipt. The applicant shall be notified immediately of the positive result of the formal examination. After the grant of a patent, the federal executive authority for intellectual property publishes in its official gazette information on the grant of a patent, including the name of the author (authors), if the latter (the latter) did not refuse to be mentioned as such (s), and the patent holder, the title and claims of the invention or utility model, or a list of essential features of the industrial design and its image. Patent for invention is valid until the expiration of twenty years from the date of filing an application with the federal executive body for intellectual property, for utility model - before the expiration of five years, for an industrial design - before the expiration of ten years. 39. Protection of the rights of patent holders and authors Any natural or legal person who uses a patented invention, utility model or industrial design in violation of patent law is considered a patent infringer. In this case, the patent owner has the right to demand: a) termination of patent infringement; b) compensation by the person guilty of patent infringement for the damages inflicted in accordance with civil law; c) publication of a court decision in order to protect its business reputation; d) implementation of other methods of protecting rights in the manner prescribed by the legislation of the Russian Federation (in particular, Article 12 of the Civil Code of the Russian Federation). Claims against the infringer of a patent may also be made by the holder of an exclusive license, unless otherwise provided by the license agreement. For violation of the rights of patent holders and authors, the following may occur: 1) civil liability . The Patent Law of the Russian Federation provides for the following disputes considered in court nom order: a) on the authorship of an invention, utility model, industrial design. The dispute about authorship can be resolved only after the issue of whether the claimed solution is an invention, utility model, industrial design that meets the conditions of patentability is resolved. Without resolving this issue, a dispute about authorship is impossible; b) on the establishment of the patent owner; c) on violation of the exclusive right to an invention, utility model, industrial design; d) on the conclusion and execution of agreements on the transfer of exclusive rights (assignment of a patent) and license agreements for the use of an invention, utility model, industrial design; e) on the right of prior use (fair use by another person of an industrial property object created independently of its author prior to the priority date); f) on the right of post-use (further gratuitous use of an industrial property object granted under the right of prior use without expanding the scope of such use after the grant of a patent); g) on the amount, term and procedure for paying remuneration to the author of an invention, utility model, industrial design; h) on the amount, term and procedure for payment of compensations provided for by law; i) other disputes related to the protection of rights certified by a patent; 2) administrative responsibility (Clause 2, Article 7.12 "Violation of copyright and related rights, invention and patent rights"); 3) criminal liability (Article 147 of the Criminal Code of the Russian Federation "Violation of inventive and patent rights"). 40. Law of the Russian Federation "On Trademarks, Service Marks and Appellations of Origin" Law of the Russian Federation of September 23, 1992 No. 35201 "On Trademarks, Service Marks and Appellations of Origin" regulates relations arising in connection with the registration, legal protection and use of trademarks, service marks and appellations of origin. The law consists of 3 sections, 11 chapters and 52 articles. Section 1 Trademark and Service Mark fixes the legal protection of a trademark and a service mark, gives the concept of a trademark and a service mark, explains the exclusive right to a trademark, determines the types of trademarks, the grounds for refusing to register as trademarks the designations specified in the law. It establishes the procedure for filing applications for registration of a trademark, the requirements for an application and applications, regulates the procedure for conducting an examination, registering a trademark and issuing a trademark certificate, and also determines the validity period of registration, establishes the legal protection of a well-known trademark, the procedure for recognizing it as such, the right to a collective trademark for collective entities, as well as the procedure for registering a collective mark, which must be considered the use of a trademark, the consequences of non-use of a trademark. This section also regulates the procedure for transferring the exclusive right to a trademark, granting a license to use a trademark, registering agreements on the transfer of the exclusive right to a trademark and license agreements, establishes the procedure for challenging and invalidating the granting of legal protection to a trademark, the grounds and procedure for terminating legal trademark protection. Section 2 "Appellation of origin" determines what is the appellation of origin of goods, the procedure for registration and granting the right to use the appellation of origin of goods, the validity period of the certificate of registration of the appellation of origin of goods. Section 3 "Final Provisions" regulates the provisions relating to the fee for the performance of legally significant actions when registering a trademark and granting the right to use the appellation of origin of goods, establishes a list of disputes considered in court for violation of the law, liability for the illegal use of a trademark and appellation of origin, the rights of foreign legal and individuals. 41. Law of the Russian Federation "On the legal protection of programs for electronic computers and databases" Law of the Russian Federation of September 23, 1992 No. 3523I "On legal protection of programs for electronic computers and databases" regulates relations arising in connection with the legal protection and use of computer programs and databases. The law consists of 4 chapters and 20 articles. Chapter 1 "General Provisions" defines the concepts used in this Law, defines the relations regulated by this Law, the object of legal protection: any computer programs and databases, both published and not published, presented in an objective form, regardless of their material carrier, purpose and dignity. It also fixes the conditions for recognizing copyright in a computer program or database, the duration of copyright in a computer program or database, as well as the scope of this Law. Chapter 2 "Copyright" establishes who is recognized as the author of a computer program or database, a list of personal rights granted to the author of a computer program or database, regardless of property rights, what actions constitute the exclusive right to use a computer program or database, the procedure for transferring an exclusive right, ownership of an exclusive right for a computer program or database, explains the right to register a computer program or database and the procedure for its implementation. Chapter 3 "Use of computer programs and databases" establishes the procedure for the use of computer programs and databases under an agreement with the copyright holder, indicates cases when the use of computer programs and databases is possible without the consent of the copyright holder and without payment of the appropriate remuneration, as well as free resale of a copy of the computer program or database. Chapter 4 "Protection of rights" establishes who and in what cases is a copyright infringer, which copies of computer programs and databases are recognized as counterfeit, what the author of computer programs and databases has the right to demand from the infringer and from the court, including the arbitration and arbitration court. It also establishes provisions on the seizure of copies of a computer program or database made, reproduced, distributed, sold, imported or otherwise used or intended to be used in violation of the rights of the authors of the computer program or database and other right holders, other forms are defined liability for copyright infringement. 42. Law of the Russian Federation "On the legal protection of topologies of integrated circuits" Law of the Russian Federation of September 23, 1992 No. 35261 "On the legal protection of topologies of integrated circuits" regulates relations arising in connection with the creation, legal protection, and use of the original integrated circuit topology, created as a result of the author's creative activity and unknown to the author and (or) specialists in the field of topology development at the date of its creation. The law consists of 14 articles. By law the conditions for granting legal protection are determined . The procedure for determining the ownership of exclusive rights to a protected topology, the procedure for their transfer, and the period of validity of legal protection have been established. The procedure for registration of topologies of integrated circuits and registration of contracts is regulated. A list of actions recognized as a violation of the exclusive right to a protected topology has been fixed. Definitions of concepts are given used in the Law: what is the topology of integrated circuits, integrated circuit, use of the topology for profit, protected topology, fixes the relations regulated by this Law, establishes which objects are covered by the legal protection provided by this Law, what is the original topology, which is not covered by the legal protection provided by this Law. It also discloses who can be the author of a protected topology, and who is not recognized as such, establishes the provision that the right of authorship to a protected topology is an inalienable personal right and is protected by law indefinitely, discloses, What is meant by exclusive right on the protected topology, the list of actions constituting the exclusive right, the procedure for using copyright for the protected topology by the author and the copyright holder, what actions committed without the permission of the author or other copyright holder, are copyright infringement. The law regulates the procedure for transferring copyright to a protected topology under an agreement, the form and essential terms of an agreement on the transfer of exclusive rights to use a topology, as well as the transfer of copyright by inheritance. Here is a list of actions not recognized as a violation of the exclusive right on a protected topology, regulates the procedure for registering a protected topology and notification of such registration, establishes the validity period of the exclusive right to a protected topology, as well as the procedure for protecting and protecting copyrights for a topology in the Russian Federation and abroad. 43. Law of the Russian Federation "On Selection Achievements" Law of the Russian Federation of August 6, 1993 No. 56051 "On Breeding Achievements" establishes the foundations for the legal regulation of property, as well as related personal non-property relations arising in connection with the creation, legal protection and use of selection achievements. The law consists of 8 sections and 36 articles. Section 1 "General Provisions" gives definitions to the concepts used in this Law, determines the relations regulated by this Law, establishes the legal protection of a selection achievement. Section 2 "Conditions for Protectability of a Selection Achievement and Procedure for Filing an Application for a Patent" establishes the criteria for the protection of a selection achievement, regulates the procedure for filing an application for a patent, the requirements for the application and applications, relations regarding the name of the selection achievement, the priority of the selection achievement. Section 3 "Assessment of the protectionability of a selection achievement" governs the procedure for expert evaluation of a selection achievement: preliminary examination of a patent application, examination of a selection achievement for novelty, testing of a selection achievement for distinctness, uniformity, stability. Section 4 "Protection of a Selection Achievement" regulates the procedure for registration of a selection achievement, establishes a list of information entered into the State Register of Protected Selection Achievements, the procedure for issuing a patent for a selection achievement, the rights of the patent holder, as well as an exhaustive list of actions that are not recognized by law as a violation of the right of the patent holder. Section 5 "Use of selection achievement" determines the relationship of using the selection achievement under a license agreement, establishes the form of the license agreement, the rights of the licensee, the terms of the license agreement on limiting the rights of the licensee. Section 6 "Rights of the author of a selection achievement" establishes what constitutes confirmation of the authorship of a selection achievement, the procedure for issuing an author's certificate, as well as the right of an author who is not a patent holder to remuneration. Section 7 "State regulation of the creation and use of breeding achievements" establishes relations on the stimulation by the state of the creation and use of selection achievements, the preservation of the selection achievement by the patent owner, the recognition of the patent as invalid and the cancellation of the patent, as well as responsibility for violating the rights of the patent owner. Section 8 "International cooperation" secures the right to file an application in another state, the rights of foreign persons. 44. Legal protection of trade names……………………. 25 The trade name is a means of individualization of legal entities. Regulations on the trade name contained in a number of legislative acts (Article 54, 96, 113, 132, 138, 1027 of the Civil Code of the Russian Federation, Article 5 of the Law on State Registration of Legal Entities and Individual Entrepreneurs, Article 4 of the Law on Joint Stock Companies, Article 4 of the Law on Limited Liability Companies, etc. ). Brand name - the designation of a legal entity, under which it appears in civil circulation and which makes it possible to distinguish it from other participants in the circulation. Brand name should contain certain information, which may be different for different types of legal entities (JSC, LLC, etc., and the name of the organization itself). Brand name should not contain designations that can be misleading. The constituent documents of a legal entity must indicate its full company name in Russian, and may also contain an abbreviated company name and a name in a foreign language. Subjects of the right to a trade name can only be legal entities that are commercial organizations. Ordinary partnerships, as well as representative offices, branches and other separate subdivisions of legal entities do not have company names, since they are not legal entities. The right to a trade name arises from the moment of state registration of a legal entity . The body carrying out such registration checks the brand name for novelty. The right to a trade name is valid throughout the Russian Federation . In the event of a dispute over a business name, priority will be given to the person with the earlier registration date. Right to trade name is the exclusive right . A commercial organization-right holder can freely use a company name for its individualization, including the right to make civil law transactions and other legal actions under it, protect violated or disputed rights, place its company name on signs, letterheads, invoices, use it in publications advertising nature, announcements, etc. Copyright holder has the right to demand from all third parties to refrain from any actions related to the unlawful use of his right to a trade name. The Civil Code provides for granting the right to use a company name on the basis of a license agreement. 45. Trademarks and service marks… 27 Trademarks are a tool for individualization of goods, works and services of a business entity. Trademarks and Service Marks - designations that serve to individualize goods, work performed or services provided to legal entities or individuals. The legal regimes of these designations are essentially the same: only a trademark is intended to individualize goods, and a service mark is intended to individualize works or services. The law, using the concept of a trademark, simultaneously has in mind a service mark. as trademarks may be registered verbal, figurative, three-dimensional and other designations or their combinations. The most common are verbal trademarks. As wordmarks existing words ("Camel" - camel), combinations of words ("Merry Milkman"), artificial words ("CocaCola"), combinations of letters (abbreviations - "VAZ", "BMW") and numbers (newspaper "777") can be registered. As figurative trademarks a variety of drawings and symbols appear (Pringles uses the image of a mustachioed Mexican as a trademark, BMW uses a circle symbolizing the sky and a propeller as a trademark). As the combined trademarks Trademarks consisting of verbal and figurative elements (as a rule, identical to each other in meaning) can be registered. For example, Salamander uses the image of a salamander in combination with the verbal name of an amphibious lizard. Volumetric images three-dimensional objects, figures and combinations of lines, figures are considered. To other designations also include sound, light and other designations. The following designations cannot be registered as trademarks: 1) not having a distinctive ability; 2) consisting only of elements: a) come into general use for designation of goods of a certain type; b) are generally accepted symbols and terms; c) characterizing goods, including indicating their type, quality, quantity, property, purpose, value, as well as time, place, method of production or sale; d) representing a form of goods, which is determined exclusively or mainly by the property or purpose of the goods; 3) which are false or capable of misleading the consumer regarding the product or its manufacturer; 4) contrary to public interests, principles of humanity and morality. 46. Legal protection of trademarks (service marks) Subjects of trademark rights may be legal entities and citizens engaged in entrepreneurial activities. Foreign legal entities and individuals enjoy the rights to trademarks on an equal basis with Russian legal entities and individuals by virtue of international treaties of the Russian Federation. Grounds for granting legal protection to a trademark is its state registration, carried out in the manner prescribed by law. The federal executive body for intellectual property is submitted application for registration of a trademark containing : a) an application in the prescribed form; b) the claimed designation; c) a list of goods for which registration is requested (grouped according to the classes of the International Classification of Goods and Services for the Registration of Marks); d) description of the claimed designation. The application shall be accompanied by a document confirming the payment of the application fee. After filing an application, a formal examination and examination of the declared designation is carried out. After that, the trademark is registered in the State Register of Trademarks and Service Marks of the Russian Federation and a trademark certificate is issued, certifying the priority of the trademark and confirming the exclusive right to this mark. Trademark registration valid until 10 years from the date of application. The right holder has the right to use the trademark and prohibit its use by other persons. Nobody can use a trademark protected in the Russian Federation without the permission of the copyright holder. A trademark certificate certifies the exclusive right to a trademark in respect of the goods specified in the certificate. Another face has the right to register a similar trademark in his own name in relation to another group of goods. Violation of the exclusive right of the copyright holder the use without permission in civil circulation on the territory of the Russian Federation of a trademark or a designation of goods similar to it to the degree of confusion, for the individualization of which the trademark is registered, or homogeneous goods is recognized: a) on goods (their labels and packaging) that are produced, offered for sale, sold, displayed at exhibitions and fairs or otherwise introduced into civil circulation on the territory of the Russian Federation, or stored or transported for this purpose, or imported into the territory of Russia; b) when performing work, rendering services; c) on documentation related to the introduction of goods into civil circulation; d) in offers of goods for sale; e) on the Internet (in a domain name). 47. Collective and well-known trademark Collective badge - a kind of trademark, the existence of which is due to Art. 7bis of the Paris Convention for the Protection of Industrial Property. An association of persons, the creation and activities of which do not contradict the legislation of the state in which it was created, has the right to register in the Russian Federation a collective mark intended to designate goods produced and (or) sold by persons belonging to this association and having uniform qualitative or other general characteristics (Art. 20 Trademark Law). A feature of the design of the collective sign is that simultaneously with the application for its registration, the charter of the collective mark must be submitted. It contains the name of the association authorized to register a collective mark in its own name, a list of persons who have the right to use this mark (members of the collective mark), the purpose of its registration, a list and uniform qualitative or other general characteristics of the goods that will be marked with a collective mark, the conditions for its use, the procedure for monitoring the use, responsibility for violation of the charter of the collective mark. characteristic feature of the collective mark is that such mark and the exclusive right to use it may not be transferred to non-members. The use of a collective mark does not deprive each of its members of the opportunity to use their own trademarks. well-known trademark - a designation that, as a result of its intensive use in relation to goods, works or services of a particular person, has become widely known in the Russian Federation among consumers of these or similar goods, works or services. According to the manufacturer, a well-known trademark may be recognized: a) a trademark protected on the territory of the Russian Federation on the basis of registration; b) a trademark protected on the territory of the Russian Federation without registration in accordance with an international treaty of the Russian Federation; c) a designation used as a trademark, but not legally protected in the territory of the Russian Federation. Trademark or designation cannot be considered public trademark, if they became widely known after the priority date of the trademark of another person, identical or confusingly similar to them, intended for use in relation to homogeneous goods. A well-known trademark receives the same legal protection as an ordinary trademark. 48. Legal protection of appellations of origin of goods Name of the place of origin of goods - a designation that is or contains a modern or historical name of a country, locality, locality (another geographical feature) or a derivative of such a name and became known as a result of its use in relation to a product, the special properties of which are exclusively or mainly determined by those characteristic of this geographical object by natural conditions and (or) human factors (Article 30 of the Law on Trademarks). К appellations of origin of goods include names of folk crafts, foodstuffs, mineral waters, alcoholic beverages, etc. These are the names of the geographical area in which certain goods are produced, which have characteristic properties that distinguish them from goods of this type. Moreover, there is an established connection between the conditions of production in a given locality and the properties of goods. The human factor is the traditions of production, and the natural factor is the climate, soil and other external conditions, as well as the characteristics of the product itself (for example, the chemical composition of mineral water). Can't be recognized the name of the place of origin of goods is such a designation, which, although it contains the name of a geographical object, has entered into general use in the Russian Federation as a designation of a certain type of goods, not associated with the place of its manufacture. Subjects of rights to the appellation of origin of goods can be both legal entities and individuals, and not only individual entrepreneurs. Initially, the name of the place of origin of the goods itself must be registered. The person who registered it simultaneously receives the right to use this name if the goods produced by him meet the established requirements. Right to use the same appellation of origin may be given to any other person , which, within the boundaries of the same geographical object, produces a product with the same basic properties. The rights to register appellations of origin of goods are also granted to foreign legal entities and individuals. Registration of appellations of origin of goods is carried out with the Federal Executive Authority for Intellectual Property. The registration of an appellation of origin is valid for an indefinite period. Validity period of the certificate for the right to use an appellation of origin is 10 years from the date of filing the application and is renewed every 10 years. 49. Commercial and official secrets trade secret - confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits. Information constitutes an official or commercial secret in the case when the information has real or potential commercial value due to its unknownness to third parties, it is not freely accessible on a legal basis and the owner of the information takes measures to protect its confidentiality. Information that cannot constitute an official or commercial secret shall be determined by law and other legal acts. Features of commercial and official secrets: a) the actual monopoly of a certain person on the totality of information constituting commercial or official secrets; b) universality among other objects of intellectual property (any information related to production, technological information, management, etc. can be summed up under the concept of commercial or official secrets); c) commercial and official secrets do not require official recognition of their protectability, state registration or the fulfillment of any other formalities, as well as the payment of state fees; d) verification of the protection of commercial or official secrets takes place not in the order of a preliminary procedure, but when the secret is violated or disputed. Criteria for the protection of commercial and official secrets: 1) information must have actual or potential value due to its not being known to third parties; 2) to information constituting a commercial or official secret, there should not be free access on a legal basis; 3) the owner of the information must take measures to protect its confidentiality. The period of protection of commercial and official secrets is not limited. The right to commercial and official secrets is valid as long as the actual monopoly of a person on information that constitutes a secret is preserved, as well as there are conditions for its protection provided for by law. Persons who illegally obtained information that constitutes an official or commercial secret are obliged to compensate for the losses caused. The same obligation is imposed on employees who divulged official or commercial secrets contrary to the employment contract, including the contract, and on contractors who did this contrary to the civil law contract. 50. Legal protection of information constituting a trade secret Legal protection of information constituting a commercial secret is carried out by the Federal Law of July 29, 2004 No. 98FZ "On Commercial Secrets". The right to classify information as a trade secret belongs to the owner of this information. Information that cannot be a trade secret: 1) contained in the constituent documents of a legal entity, documents confirming the fact of making entries about legal entities and individual entrepreneurs in the relevant state registers; 2) contained in documents giving the right to carry out entrepreneurial activities; 3) on the composition of the property of a state or municipal unitary enterprise, state institution and on the use by them of the funds of the relevant budgets; 4) on environmental pollution, the state of fire safety, the sanitary-epidemiological and radiation situation, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of each citizen and the safety of the population as a whole; 5) on the number, on the composition of employees, on the system of remuneration, on working conditions, including labor protection, on indicators of industrial injuries and occupational morbidity, and on the availability of vacancies; 6) on employers' debts for wages and other social benefits; 7) on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for these violations; 8) on the terms of tenders or auctions for the privatization of objects of state or municipal property; 9) on the size and structure of income of non-profit organizations, on the size and composition of their property, on their expenses, on the number and wages of their employees, on the use of unpaid labor of citizens in the activities of a non-profit organization; 10) on the list of persons entitled to act without a power of attorney on behalf of a legal entity; 11) the mandatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws. The owner of a trade secret, as well as other persons who are provided with information constituting a trade secret, on legal grounds should take steps to protect it. 51. Legal protection of computer programs and databases Computer program - an objective form of representation of a set of data and commands intended for the functioning of electronic computers (computers) and other computer devices in order to obtain a certain result. A computer program also means the preparatory materials obtained during its development, and the audiovisual displays generated by it. Data Bank - an objective form of presentation and organization of a set of data (for example, articles, calculations), systematized in such a way that these data can be found and processed using a computer. The author of the computer program a natural person is recognized as a result of whose creative activity they were created. If these objects are created by the joint creative activity of two or more individuals, regardless of whether the computer program or database consists of parts, each of which has an independent value, or is indivisible, each of these persons is recognized as the author of such a computer program. Авторское право applies to all programs for computers, both released and not released to the public, regardless of their material carrier, purpose and dignity. To the author of a computer program, regardless of his exclusive rights own the following personal rights : 1) the right of authorship - that is, the right to be recognized as the author of a computer program; 2) the right to a name - that is, the right to determine the form for indicating the author's name in a computer program: under his own name, under a conventional name (pseudonym) or anonymously; 3) the right to inviolability (integrity) - that is, the right to protect both the computer program itself and their names from any kind of distortion or other encroachment that could damage the honor and dignity of the author; 4) the right to publish a computer program - that is, the right to publish or allow to publish by issuing (publishing) a computer program, including the right to withdraw. Personal rights are non-transferable and non-transferable. The author of the computer program or other copyright holder owns the exclusive right to perform and (or) authorize the implementation of a number of actions : 1) reproduction of a computer program (full or partial) in any form, by any means; 2) distribution of computer program copies (by any means); 3) modification of the computer program; 4) other use of the computer program. 52. Legal protection of topologies of integrated circuits Integrated circuit topology - this is a spatial-geometric arrangement of a set of elements of an integrated circuit and the connections between them fixed on a material carrier. Integrated circuit (IC) - this is a microelectronic product of final or intermediate form, designed to perform the functions of an electronic circuit, the elements and connections of which are inseparably formed in the volume and (or) on the surface of the material on the basis of which the product is made. Author or other copyright holder owns the exclusive right on a protected topology, including the right to use a protected topology at its own discretion, in particular by manufacturing and distributing ICs with such a topology, including the right to prohibit the use of this topology by other persons without appropriate permission. The right to use the protected topology, as well as the exclusive right to the protected topology can be transferred other persons under the contract. The exclusive right to a protected topology created by an employee (author) in connection with the performance of official duties or on the instructions of the employer, belongs to the employer unless the contract between him and the employee (author) provides otherwise Violation of the exclusive right For a protected topology, the following actions are recognized without the permission of the author or other copyright holder: a) reproduction of the protected topology in whole or in part by its inclusion in the IC or otherwise, with the exception of the reproduction of only that part of it that is not original; b) import into the territory of the Russian Federation, sale and other introduction into circulation of a protected topology, an IC with this topology or a product including such an IC. The following shall not be recognized as a violation of the exclusive right to a protected topology: a) the implementation of actions violating the exclusive right in relation to the IC, which includes an illegally reproduced protected topology, as well as any product that includes such an IC in cases where the person committing such actions did not know and should not have known what was included in it illegally reproduced protected topology; b) the use of protected topology for personal purposes, not pursuing profit, as well as for the purposes of evaluation, analysis, research or education; c) distribution of ICs with protected topology put into circulation legally. The author of the topology or other copyright holder may, at his own request, register topology in the federal executive body for intellectual property. 53. Legal protection of breeding achievements selection achievement plant variety, animal breed. Grade - a group of plants, which, regardless of the ability to protect, is determined by the characters that characterize a given genotype or combination of genotypes, and differs from other groups of plants of the same botanical taxon by one or more characters. Breed - a group of animals that, regardless of the ability to protect, has genetically determined biological and morphological properties and characteristics, some of which are specific to this group and distinguish it from other groups of animals. Criteria for the protection of a selection achievement: a) novelty - a variety, breed are considered new if, as of the date of filing an application for a patent, the seeds or breeding material of this selection achievement were not sold or otherwise transferred to other persons by the breeder, his successor or with their consent for the use of the selection achievement on the territory of the Russian Federation earlier than one a year before this date, in the territory of another state - earlier than four years or, if it concerns grapes, ornamental trees, fruit crops and forest species - earlier than six years before the specified date; b) distinctness - the selection achievement must be clearly distinct from any other well-known selection achievement existing at the time of filing the application. A well-known selection achievement can be a selection achievement that is in official catalogs, a reference fund, or has an exact description in one of the publications. The filing of an application for a patent or for authorization to use also makes the selection achievement generally known from the date of filing of the application, provided that a patent has been issued for the selection achievement or that the selection achievement has been approved for use; at) homogeneity - plant varieties, animal breeds must be sufficiently homogeneous in their characteristics, taking into account individual deviations that may occur due to the characteristics of reproduction; d) stability - a selection achievement is considered to be stable if its main characteristics remain unchanged after repeated propagation or, in the case of a special cycle of reproduction, at the end of each cycle of reproduction. Right of authorship for a selection achievement backed by copyright . The right to a selection achievement is protected by law and is confirmed by a patent for a selection achievement. 54. Unfair competition Competition - rivalry of economic entities, in which the independent actions of each of them exclude or limit the ability of each of them to unilaterally influence the general conditions for the circulation of goods in the relevant commodity market Unfair competition - any actions of economic entities (a group of persons) that are aimed at obtaining advantages in the implementation of entrepreneurial activities, are contrary to the legislation of the Russian Federation, business customs, the requirements of integrity, reasonableness and fairness and have caused or may cause losses to other economic entities - competitors, or have caused or may cause damage to their business reputation. Protection against unfair competition is considered as part of industrial property. An act of unfair competition is considered to be any act of competition that is contrary to honest practices in industrial and commercial matters. Subject to prohibition as acts of unfair competition: 1) all acts capable of causing confusion in any way with respect to the establishment, products or industrial or commercial activities of a competitor; 2) false allegations in the course of commercial activities that are capable of discrediting the enterprise, products or industrial or commercial activities of a competitor; 3) indications or statements, the use of which in the course of commercial activities may mislead the public regarding the nature, method of manufacture, properties, suitability for use or quantity of goods. Unfair competition is not allowed, including: 1) dissemination of false, inaccurate or distorted information that may cause losses to an economic entity or damage its business reputation; 2) misrepresentation in relation to the nature, method and place of production, consumer properties, quality and quantity of goods or in relation to its producers; 3) incorrect comparison by an economic entity of goods produced or sold by it with goods produced or sold by other economic entities; 4) sale, exchange or other introduction into circulation of goods, if the results of intellectual activity and equivalent means of individualization of a legal entity, means of individualization of products, works, services were illegally used; 5) illegal receipt, use, disclosure of information constituting a commercial, official or other secret protected by law. 55. Copyright agreements: concept, types, content Copyright agreement - an agreement under which one party (the author) transfers or undertakes to transfer in the future the property rights to the work, and the other party (right holder) undertakes to pay the remuneration stipulated by the parties, ensuring the personal non-property rights of the author when using these rights. Depending on the type of work and how it is used, there are: 1) contracts for the creation and use of literary works; 2) contracts for the creation and use of musical works; 3) contracts for the creation and use of architectural works; 4) contracts for the creation and use of other works (audiovisual, graphic, etc.). Depending on the degree of readiness of the work, there are: 1) author's order contract; 2) the author's contract for the finished work. Also distinguish: 1) an author's contract for a published work; 2) an author's contract for an unpublished work. Depending on the nature of the transferred rights, there are: 1) an author's agreement on the transfer of exclusive rights; 2) an author's agreement on the transfer of non-exclusive rights. Depending on the way the work is used, there are: 1) publishing copyright agreement; 2) staging copyright agreement; 3) scenario author's agreement; 4) author's agreement on the deposit of the manuscript; 5) author's contract for an art order; 6) an author's agreement on the use in industry of works of arts and crafts; 7) an author's agreement on the transmission of a work on the air or communication to the public via cable. In the copyright agreement conditions must be reflected on the subject of the copyright agreement, methods of using the work (specific rights transferred under this agreement), the terms for providing the work, the amount of remuneration, the procedure and terms for its payment, the period and territory for which the right is transferred, and other conditions that the parties consider essential for this contracts. Without in the author's agreement, the conditions for the period for which the right is transferred, the agreement may be terminated by the author after five years from the date of its conclusion, if the user is notified in writing six months before the termination of the agreement. Without in the author's agreement, the terms on the territory to which the right is transferred, the effect of the right transferred under the agreement is limited to the territory of the Russian Federation. 56. Responsibility for violation of the terms of copyright agreements The legislation provides for civil, administrative and criminal liability for violation of the terms of the copyright agreement. As part of civil liability the author or other right holder has the right to demand from the infringer: 1) recognition of rights . This method may be accompanied by a public statement about the existence of a certain right, which is made by the violator or at his expense. This measure of protection is especially relevant in cases of violation of the author's personal non-property rights; 2) restoration of the situation that existed before the violation of the right, and termination of actions that violate the right or create a threat of its violation . The restoration of the situation may be, for example, the seizure of an illegally published edition of a literary work; the termination of actions that violate the right or create a threat of its violation, for example, the termination of preparations for the publication of an unlawfully transferred publication or CD; 3) damages, including lost profits ; 4) compensation for damages in the amount of 10000 to 5 million rubles, or twice the cost of copies of works or objects of related rights, or twice the cost of the rights to use works or objects of related rights, determined on the basis of the price that, under comparable circumstances, is usually charged for legitimate use works or objects of related rights; 5) compensation for moral damage .Administrative Responsibility comes for violation of the provisions of Art. 7.12 of the Code of Administrative Offenses of the Russian Federation. According to this article, it is not allowed to import, sell, rent or otherwise illegally use copies of works or phonograms for the purpose of generating income in cases where copies of works or phonograms are counterfeit in accordance with the legislation of the Russian Federation on copyright and related rights or on copies of works or phonograms contains false information about their producers, about the places of their production, as well as about the owners of copyright and related rights, as well as other violation of copyright and related rights in order to generate income. Criminal liability provided for by Art. 146 of the Criminal Code of the Russian Federation. According to the provisions of this article, the attribution of authorship (plagiarism) is not allowed if this act caused major damage to the author or other right holder, as well as the illegal use of objects of copyright or related rights, as well as the acquisition, storage, transportation of counterfeit copies of works or phonograms for the purpose of marketing committed on a large scale. 57. License agreement License agreement - an agreement under which one party (the licensor) grants or undertakes to grant the other party (the licensee) the right to use a trademark, invention, utility model, industrial design to the extent stipulated by the contract, and the latter assumes the obligation to make payments to the licensor stipulated by the contract and (or) perform other actions stipulated by the agreement. The subject of a license agreement the transfer of individual objects of exclusive rights is recognized. Unlike a commercial concession agreement, only some intellectual property objects can be transferred under a license agreement. License agreement must contain a condition that the quality of the licensee's products will not be inferior to the quality of the licensor's products and that the licensor will monitor compliance with this condition. The license agreement is concluded in writing and registered with the federal executive authority for intellectual property. Without this registration, the specified contract is considered invalid. Any person who is not a patent owner has the right to use a patented invention, utility model, industrial design only with the permission of the patent owner. The licensor must have the exclusive right to an object of intellectual property, confirmed by a patent or registration certificate. On the side of the licensee can be both a legal entity and an individual, including a foreign one. The license agreement may be concluded with the provision of an exclusive or non-exclusive license. Under exclusive license the right to use the intellectual property object is transferred to the licensee within the limits specified in the agreement, with the licensor retaining the right to use it in the part not transferred to the licensee. With a non-exclusive license the licensor, granting the licensee the right to use the object of intellectual property, retains all the rights confirmed by the patent, including the granting of licenses to third parties. The license agreement can be concluded under open license . To do this, the right holder may submit to the federal executive authority for intellectual property an application for granting any person the right to use the object of intellectual property. In this case, the patent fee is reduced by half. 58. Agreements for the transfer of exclusive rights When exercising copyright in works of literature, science, technology and art, as well as the author's rights to inventions, utility models, industrial designs and other objects of intellectual property, it becomes necessary to transfer property rights from the author or other right holder to other persons. The transfer of rights occurs by concluding an agreement on the transfer of rights to an object of intellectual property. Depending on the nature of the transferred rights, agreements may be on the transfer of exclusive or non-exclusive rights. Agreements on the transfer of exclusive rights to objects of intellectual property imply transfer of rights to a certain person use the object of intellectual property only by that person and only to the extent provided for in this agreement. Agreements for the transfer of exclusive rights involve making a profit from an object of intellectual property, therefore, a person who has transferred exclusive rights to an object of intellectual property, not entitled in any way use this object for profit. The exception is when the object is used in scientific, teaching or other creative activities. Agreements on the transfer of exclusive rights are provided for practically for all types of intellectual property objects . Exclusive rights to use information constituting a trade secret cannot be transferred due to the specificity of this intellectual property object. It also provides for specifics on the transfer of exclusive rights to certain intellectual property objects. The transfer of exclusive rights to a secret invention is carried out in compliance with the legislation on state secrets. The transfer of exclusive rights provides for a mandatory indication in the contract list of transferable rights provided for each object of intellectual property separately. Agreements on the transfer of exclusive rights must necessarily contain conditions on the procedure for the use of these rights by the user. Must be specified term of use exclusive rights. If it is not specified, then the parties have the right to refuse to perform the contract at a certain time specified by law, subject to the requirements for warning the other party. Also area must be specified. where the intellectual property object will be used. Otherwise, the territory of the Russian Federation is recognized as a territory. 59. The concept and legal characteristics of a commercial concession agreement Commercial concession agreement - an agreement under which one party (right holder) undertakes to grant the other party (user) for a fee for a period or without specifying a period the right to use in the user's business activities a set of exclusive rights belonging to the right holder. The commercial concession agreement is consensual, paid, bilateral. The subject of the contract A commercial concession is a set of exclusive rights assigned to the right holder and individualizing either him (the right to a trade name or commercial designation) or the goods produced by him, the work performed or the services provided (the right to a trademark or service mark). The subject of the specified agreement may also include other objects of intellectual property, as well as the possibility of using commercial information, business reputation and commercial experience of the copyright holder. Mandatory component of the subject concession agreement in accordance with paragraph. 1 Article. 1031 of the Civil Code of the Russian Federation is to instruct the user and his employees on all issues related to the exercise of the rights transferred to him by the copyright holder. The right holder undertakes (essential terms of the concession agreement): a) transfer to the user the documentation and other information necessary for the exercise of the rights granted to him; b) instruct the user and his employees on issues related to the exercise of these rights; c) ensure the registration of the necessary licenses (registration of the contract in the patent office) and their transfer to the user. The user undertakes (also the essential terms of the concession agreement): a) use the trade name and commercial designation of the right holder only in a manner strictly defined in the contract; b) not to disclose confidential commercial information received from the right holder; c) ensure that the quality of goods produced or services provided is consistent with the quality of similar goods or services produced or provided by the right holder; d) comply with the instructions and instructions of the right holder aimed at ensuring such compliance; e) provide consumers with additional services provided by the right holder to their consumers. The copyright holder bears vicarious liability with the user for providing inadequate quality goods or services. The copyright holder bears joint and several liability in the case when the user is a manufacturer of goods of the right holder 60. Content and features of a commercial concession agreement Parties to a commercial concession agreement can only be persons endowed with entrepreneurial status in the manner prescribed by law: commercial organizations and individual entrepreneurs, including foreign ones. Entrepreneurial status must be officially assigned to a person - a party to a commercial concession agreement. A person, although engaged in entrepreneurial activity, but who has not passed the registration procedure as an entrepreneur, as well as non-profit organizations engaged in entrepreneurial activity within the permitted limits, cannot be a party to a commercial concession agreement. Form of contract commercial concession written with mandatory registration of the contract and the transfer of rights under the contract. When concluding an agreement for a certain period, the user is granted the right to conclude an agreement for a new period. The right holder may refuse to conclude an agreement for a new term if he does not conclude a similar agreement with other persons within three years. Features of the commercial concession agreement: 1) purpose of the commercial concession agreement - transfer of a full range of rights, technologies, knowledge, experience, etc., necessary for the user to carry out entrepreneurial activities following the model of the copyright holder. The peculiarity of a commercial concession agreement is precisely in the complexity of the rights granted to the user; 2) list of objects , which can be transferred under a commercial concession agreement, is wider than the list of objects transferred under a license agreement; 3) in addition to the conditions for the transfer of exclusive rights , the commercial concession agreement also provides for the procedure for the interaction of the right holder with the user in connection with the transfer of exclusive rights to the latter and the conduct of entrepreneurial activities similar to the activities of the right holder. These conditions may include, in particular: a) the obligation of the right holder to refrain from his own similar activities in the territory assigned to the user; b) the obligation of the user not to compete with the right holder in a certain territory; c) the obligation of the user to coordinate with the right holder the location, external and internal design of the commercial premises used by the user; 4) use of franchised rights is allowed exclusively in the entrepreneurial sphere, and only persons with entrepreneurial status can be parties to the contract. 61. Liability for violation of the terms of a commercial concession agreement The liability of the parties under the commercial concession agreement has two parties: 1) it is the responsibility of the parties to the contract as part of their contractual obligations to each other. In addition to the general grounds for liability for violation of obligations arising from contracts (Articles 393-406 of the Civil Code of the Russian Federation) - cases of non-payment, violation of the terms of the contract or going beyond its scope, the parties may be subject to special rules on liability provided for in Ch. 54 of the Civil Code of the Russian Federation: a) the right holder compensates the user for losses if, before the expiration of a 3-year period from the date of termination of the commercial concession agreement concluded for a period, he wishes to grant someone the same rights that were granted to the user under the terminated agreement; b) the right holder is obliged to compensate the user for losses when the right holder changes the company name or commercial designation, the rights to which were transferred under a commercial concession agreement; 2) it is the responsibility of the parties to the contract to other participants in property relations (including consumers) in connection with the execution of a commercial concession agreement. The norms of the Civil Code of the Russian Federation on commercial concession provide joint and several liability parties to third parties: a) jointly and severally the right holder meets the user on the requirements for the user as a manufacturer of products (goods) of the right holder; b) subsidiary liability is borne by the right holder for claims made to the user about the discrepancy between the quality of goods (works, services) sold (performed, rendered) by the user under a commercial concession agreement. If the user transferred the rights under a commercial concession agreement to a third party (commercial sub-concession), then the user also bears subsidiary liability for damage caused to the right holder by the actions of such secondary users, unless otherwise provided by the commercial concession agreement (clause 4, article 1029 of the Civil Code of the Russian Federation). In the event of a violation by third parties of intellectual property rights to objects of a commercial concession agreement, the right holder and user have an equal right to demand from the infringer to eliminate the violation, compensate for losses, including lost profits, restore the situation that existed before the violation of the right, withdraw the goods produced using the trademark included in the subject of the contract. 62. Protection of the rights of the owner of a trademark and service mark According to paragraph 2 of Art. 4 Trademark Law violation of the exclusive right of the copyright holder (illegal use of a trademark) is the use without its permission in civil circulation on the territory of the Russian Federation of a trademark or a designation similar to it to the degree of confusion in relation to goods for the individualization of which a trademark is registered, or homogeneous goods, including the placement of a trademark or confusingly similar designation: a) on goods, on labels, packaging of these goods that are produced, offered for sale, sold, demonstrated at exhibitions and fairs or otherwise introduced into civil circulation on the territory of the Russian Federation, or stored and (or) transported for this purpose, or imported to the territory of the Russian Federation; b) when performing work, rendering services; c) on documentation related to the introduction of goods into civil circulation; d) in offers for the sale of goods; e) on the Internet, in particular in a domain name and other addressing methods. Goods, labels, packaging of these goods, on which a trademark or a confusingly similar designation is illegally used, are counterfeit. A violation of the rights of a trademark owner is both the unauthorized use by third parties of an identical designation of goods, and the use of designations similar to a registered trademark. When comparing verbal designations the following types are similar : 1) sound (phonetic) - the presence of close and coinciding sounds in comparable notation; the proximity of the sounds that make up the designation; the location of close sounds from vukocombinations in relation to each other; the presence of matching syllables and their location; the number of syllables in the designations; the place of coinciding sound combinations in the notation; the proximity of the composition of vowels and consonants; the nature of the coinciding parts of the designations; entry of one designation into another; stress; 2) graphic (visual) - general visual impression; font type; graphic writing, taking into account the nature of the letters (printed or written, uppercase or lowercase); the arrangement of letters in relation to each other; the alphabet in which the word is written; color or color combination; 3) semantic (semantic) - the similarity of the concepts and ideas embedded in the notation; the coincidence of the meaning of designations in different languages; the coincidence of one of the designation elements, on which the logical stress falls and which has an independent meaning; the opposite of the concepts and ideas embedded in the notation. 63. Legal protection of certification Certification marks are very close to collective marks. A certification mark means that the product marked with it meets the standards established by certain organizations that have the right to determine them. Unlike collective marks, the use of which is limited to the circle of members of the association, the certification mark can be obtained by all manufacturers whose products meet the standards served by this mark. The right holder cannot refuse to assign a mark to a product that meets all the requirements of certification standards. The legal basis for certification in Russia is established by the Federal Law of December 27, 2002 No. 184FZ "On Technical Regulation". Certification - the form of confirmation of compliance of objects with the requirements of technical regulations, the provisions of standards or the terms of contracts, carried out by the certification body. Certification is carried out in order to: a) assisting consumers in the competent choice of products; b) control of product safety for the environment, life, health and property; c) confirmation of product quality indicators declared by the manufacturer, etc. Compliance of products with the requirements is confirmed by a certificate of conformity, as well as a special sign of conformity, which is affixed to the product, its packaging or in the accompanying documentation. Mark of conformity - a designation used to inform purchasers about the compliance of the certification object with the requirements of the voluntary certification system or the national standard. Market circulation sign - a designation that serves to inform purchasers about the compliance of products put into circulation with the requirements of technical regulations. This mark is not a special protected mark and is applied for informational purposes. Conformity confirmation forms: 1) voluntary confirmation of conformity - carried out at the initiative of the applicant on the terms of the contract between the applicant and the certification body; 2) mandatory confirmation of conformity - is carried out only in cases established by the relevant technical regulation, and solely for compliance with the requirements of the technical regulation. It is carried out in the form: a) adoption of a declaration of conformity - a form of confirmation of product compliance with the requirements of technical regulations; b) mandatory certification - carried out by the certification body on the basis of an agreement with the applicant. 64. Paris Convention for the Protection of Industrial Property The foundation of the modern system of industrial property protection is the Paris Convention (Convention for the Protection of Industrial Property), adopted in Paris on March 20, 1883. When the Paris Convention was created, 11 states signed it. To date, more than 100 states are its participants. Among them is Russia as the legal successor of the USSR, which acceded to the Convention on July 1, 1965 The Paris Convention consists of 4 parts: a) national treatment; b) the right of priority; c) general rules in the field of substantive law; d) rules relating to administrative, financial and organizational matters. The first group of rules establishes that the citizens of each Member State shall enjoy in all other Member States the same benefits accorded by the relevant laws to their own citizens. The second group of rules - the right of priority - extends to patents, utility models, industrial designs and trademarks. The applicant, on the basis of the first correctly executed application filed in one of the Contracting States, has the right to claim protection within a certain period of time in any other Contracting State by filing the relevant applications there, with priority retained by the date of filing of the first correctly executed application. Deadlines for subsequent applications: a) for patents and utility models - 12 months; b) for industrial designs and trademarks - 6 months. К the third group of rules (material law) , extending to patents, trademarks, industrial designs, trade names, indications of places of origin of goods, include provisions on the obligation of each of the contracting states to provide effective protection against unfair competition, the obligation to create a special service for the protection of industrial property. The fourth group of rules concerns the administrative structure of the Union for the Protection of Industrial Property formed by the member countries. This Union has its own administrative bodies: the Assembly, the Executive Committee and the International Bureau of WIPO. The Assembly is the main body of the Union, meets once every two years. The fourth group also includes the solution of financial issues: determining the sources of funding for the activities of the Union, the amount of funding depending on the class to which the participating country refers itself, as well as organizational issues (the procedure for signing the convention, its revision, dispute resolution, transitional provisions). 65. Berne Convention for the Protection of Literary and Artistic Works, 1886 The main international treaty in the field of copyright is the Berne Convention, adopted in 1886. The Convention establishes both general principles and special minimum standards for the protection of copyright. The general principles include: 1) copyright protection without any formalities; 2) national protection regime; 3) national independence of copyright protection. In Art. 5(2) of the Berne Convention on copyright states that the use and exercise of copyright is not subject to the fulfillment of any formalities. This means that for subsequent copyright protection no registration process required in state bodies. This principle distinguishes copyright from patent law. National protection regime means that any work created in any country party to the Convention is granted the same protection as its own works. National independence of copyright protection means the granting of protection in all countries of the Berne Union, regardless of the existence of the corresponding protection or its duration in the country of origin of the work. The Berne Convention contains a provision that works are protected which, by the time the Convention enters into force, has not yet become common property in the country of origin due to the expiration of the term of protection. The conditions for the application of this principle are determined by the respective countries each for itself independently. When Russia joined the Berne Convention, the Government of the Russian Federation declared that this Convention does not apply to works that, on the date of its entry into force for the Russian Federation (March 13, 1995), were already in the public domain on its territory. The Berne Convention contains explanatory non-exhaustive list of protected works . These include any original works in the field of literature, science and artistic creativity, regardless of the form and method of their expression. All derivative works are also protected, i.e. those that are based on other, pre-existing works. To derivative works include translations, adaptations, musical arrangements, and other types of adaptations of works. Copyright protection under the Berne Convention is granted not only to the author, but also to his successors. It is established that the author has exclusive rights to the work (property and personal non-property). 66. World (Geneva) Copyright Convention 1952 The purpose of the Universal Copyright Convention, developed in 1952, is to enable all countries to enter into a multilateral system of copyright protection. world convention is more universal than the Berne Convention and is therefore more suitable for countries with different social systems, levels of economic development, traditions, etc. This Convention contains a small amount of substantive law, and it allows for less harmonized domestic legislation of member countries, i.e. preference is given to matters of national law. All direct norms established by the World Convention in the material sense significantly lower than in the Berne Convention. According to the Universal Convention, the minimum term for the protection of property rights is defined within the boundaries of the life of the author and 25 years after his death. The right to translate, which is subject to mandatory protection in all countries that have acceded to the Universal Convention, may be limited in domestic law (for example, in the form of special translation licenses). world convention does not concern rights of phonogram owners, does not detail the protection of cinema and television films, leaving these issues to the discretion of member states. The Soviet Union signed the World Convention on June 1, 1973. After its signing, changes took place in the internal legislation of the USSR. In particular, the changes affected protection of the author's rights in relation to translations of his works . It was recognized that the translation of a work for the purpose of publication is allowed only with the consent of the author or his legal successors. Translation, as well as some other forms of using a work, implied the conclusion of an agreement with the author, which meant the rejection of the long-standing principle of "freedom of translation", the rejection of royalty-free use of works written in other languages. Copyright terms have also changed. The Soviet Fundamentals of Civil Legislation established that copyright belonged to the author for life, and after his death, the legislation of the Union republics determined ownership rights for different types of works for periods of up to 15 years. Since 1973, the norms of Soviet law began to comply with the World Convention : 25 years after the death of the author - for literary works and 10 years - for photographic works and works of applied art. The new norms of Soviet intellectual property law began to apply from June 1, 1973, since the Universal Convention has no retroactive effect. 67. The system of protection of copyright and patent rights in the CIS countries All states - subjects of the former USSR have adopted their own legislative norms providing for the protection of intellectual property of legal entities and individuals in these states, and various state bodies have been formed to carry out such protection. At the same time, a number of problems arose that impeded the implementation of this protection: the need to ensure the validity of the titles of protection of the USSR and transform them into national titles of protection, the need to file separate applications in each country, the lack of qualified experts and the necessary patent funds in a number of countries. In 1993, in Moscow, the Heads of Government of the nine member states of the CIS - Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan, Ukraine and Uzbekistan signed an Agreement on Measures for the Protection of Industrial Property and the Establishment of an Interstate Council for the Protection of Industrial Property. Azerbaijan joined the Agreement the following year. The Interstate Council coordinates activities on the creation of an interstate system for the protection of inventions, industrial designs, trademarks and service marks, the development of national legislation in the field of legal protection of industrial property. Now bilateral agreements Russia with the CIS countries. The main objectives of such agreements are to simplify the procedure for obtaining titles of title to industrial property for applicants of the contracting states, to recognize USSR titles of title to industrial property, to protect the rights of their owners and authors, to provide the possibility of converting USSR copyright certificates for inventions and USSR certificates for industrial designs into national patents, mutual exchange of patent documentation and its duty-free passage across borders. On September 10, 9, the heads of governments of 1994 CIS states signed the Eurasian Patent Convention developed by the Interstate Council with the participation of WIPO and the European Patent Office. It entered into force in August 1995 and is kept by its depositary, the Director General of WIPO, after being ratified by national parliaments and signed by the CIS heads of state. With the adoption of this Convention, the formation of a single patent space in the CIS has led to the creation of legal conditions for the integration of national economies into a common union and the intensification of interaction with the most developed countries. 68. Participation of the Russian Federation in international agreements on the use and protection of the results of intellectual activity The first international agreement in the field of intellectual property law was the accession of the USSR to the Paris Convention for the Protection of Industrial Property on July 1, 1965. Then, on June 1, 1973, the USSR joined the Universal (Geneva) Convention on Copyright. The third most important international act ratified by modern Russia was the Berne Convention for the Protection of Literary and Artistic Works. Other equally important international agreements include: 1) EU Directive of May 22, 2001 "On the harmonization of certain aspects of copyright and related rights in the information society"; 2) WIPO Copyright Treaty of December 20, 1996; 3) WIPO Agreement on Performances and Phonograms of December 20, 1996 The Directive distinguishes the following types of right holders: a) authors; b) performers; c) producers of phonograms; d) producers of audiovisual works; e) broadcasting organizations Directive all categories of right holders are required to be granted an exclusive right to reproduce the relevant objects of copyright and related rights, as well as the exclusive right to communicate to the public online. Particular attention in the Directive is given to issues according to which it is provided that under no circumstances the communication of works or objects of related rights to the public should not be considered as a basis for their further use in civil circulation without the consent of the copyright holder. The WIPO Copyright Treaty consists of a Preamble and 25 Articles. The Treaty is not linked to other treaties other than the Berne Convention. According to the contract, the provisions regarding photographic works of art. 7(4) of the Berne Convention does not apply. In addition, the agreement provides limitations and exceptions provided by national laws, as well as obligations regarding technical measures and rights management information. The WIPO Phonogram Performances Treaty consists of a Preamble and 33 Articles. The Treaty is not linked to other agreements except the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. The Treaty defines such concepts as "performers", "phonogram", "fixation", "phonogram producer", "publication", "broadcasting", "communication to the public". 69. Federal intellectual property Federal intellectual property is understood in a broad and narrow sense. AT broadly federal intellectual property - a set of results of the intellectual activity of the state, including those produced or registered outside the state, but protected and protected by this state, as well as human resources - citizens of the state. AT narrow sense federal intellectual property - the results of intellectual activity used by the state under the contract, as well as passed into the public domain. The rights of the owner of the state are performed by various authorized bodies of the state. This mainly concerns the executive bodies of the state. The use of objects of intellectual property by these bodies is carried out in accordance with the law, which establishes the specific powers of these bodies. Intellectual property objects are also used by state unitary enterprises. Peculiarities of using the results of intellectual activity of SUE lies in the fact that these objects belong to them on the basis of the right of economic management or operational management. Some objects of intellectual property become the property of the state as a result of an agreement for the performance of research, development and technological work. Under this contract, the performer undertakes to conduct scientific research stipulated by the customer's technical assignment, and under the contract for development and technological work, to develop a sample of a new product, design documentation for it or a new technology, and the customer undertakes to accept the work and pay for it. subject of a contract - the result of a creative solution by the performer of the assigned scientific, technical or technological task. The result of R&D contracts should always be in a material form - a scientific report (conclusion), a product sample, design documentation, etc. Parties to the contract - customers and performers. Form of contract - written. The contract for the performance of research, development and technological work is: 1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms; 2) paid; 3) mutual - the existence of subjective rights and obligations of both parties to the contract for the performance of research, development and technological work. 70. Piracy of software Piracy - a type of theft, in which illegal seizure for mercenary purposes is directed to a special object - software. Piracy is characterized by the theft of an object that is presented in digital form, in which computer programs are implemented. Types of software piracy that exist due to: 1) counterfeiters . These entities copy licensed software, produce packaging, documentation. Manufacturers also include persons who provide sellers with software from a legitimate manufacturer that does not contain any indication of the manufacturer; 2) software vendors . Distributors or dealers copy programs to floppy disks or to the internal storage device - the "hard disk" of the PC and sell them without the knowledge of the legitimate manufacturer; 3) to customers by mail to the house . These entities copy the software onto electronic media and sell it by mail. Such "pirates" often advertise their "pirated" products in newspaper ads, fax messages, various catalogs, e-mails; 4) using bulletin boards . "Piracy" of this type is characterized by copying and selling programs through telecommunications networks without acquiring the right to such actions under an agreement with the copyright holder. Usually these actions are performed by an individual PC user who has installed a certain number of programs on his PC and allows other users to connect to his PC, for example, through file sharing and copy the programs to their own computers; 5) "pirate" users . The violation on the part of the end user consists in copying programs to the hard disk of more PCs than is provided for in the license agreement. Such theft is called "organized overuse". Recognition of counterfeit copies of programs is carried out in two different ways depending on whether "pirated" products are distributed in so-called "boxes" or installed on PC hard drives. You can distinguish "pirated" software from licensed software by packaging, the absence or presence of poor quality protective elements (holograms), poorly or unevenly printed words and pictures, etc. "Pirated" copies installed on a PC differ in that they represent an incomplete version software, with the presence of viruses or lack of protection against them, etc. 71. Counterfeiting of sound recordings Counterfeiting of sound recordings - a special kind of "piracy" in which illegal copying and recording of a sound work is carried out in order to sell counterfeit products and generate income. The negative impact of counterfeit goods on the normal development of the market is that: a) the violator never records new compositions or performances and never contributes to local creativity; b) the violator does not pay a fee to the persons who participated in the original recording; c) the quality of the recording is significantly lower, so the perception of the recording may be inadequate, the sale of legally made recordings is significantly reduced; d) counterfeiting causes losses to the budget of the region and the country as a whole; e) the violator does not expose himself to financial risk and can make illegal recordings 10 times more. This causes significant harm to the rightful owner. There are three forms of counterfeiting: 1) Reproduction of original sound recordings for commercial income without the authorization of the original manufacturer or his successor and the payment of tax. The packaging of an unauthorized copy differs from the packaging of the original - packages are of poor quality, with fuzzy printing and color borders; 2) fake copies exist, made and packaged like real recordings, again without the permission of the copyright owner. Trademarks and emblems of the original manufacturer are reproduced with the utmost accuracy. In this case, the difference in the price of real and fake products is minimal; 3) bootlegging - unauthorized recordings of individual works, which are then reproduced and sold without the knowledge of artists and composers, as well as without the permission of the record companies with which these artists and composers have signed a contract. Copyright protection is granted to foreign recordings, as well as to national ones, under the following conditions: 1) the sound recording was made within the given country; 2) the sound recording was made by a natural or legal person who is a permanent resident (resident) of this country; 3) the sound recording was first released to the public in that country, despite a previous release to the public elsewhere, if the time gap between releases is no more than 30 days; 4) the sound recording is protected by the law of that country, which is a member of a multilateral copyright treaty or is a party to a bilateral copyright treaty with another country. 72. Book piracy and film piracy Book piracy - a type of illegal activity of illegal copying of texts of books and selling them on the market. Book piracy is the publication and distribution of books without the consent of the copyright holder and the publisher. The difference between book piracy and direct copyright infringement is that the book is reproduced in exactly the same way as the original, where the author, publisher and other mandatory details of the book are indicated, but the publication is published and distributed without the consent of the publisher in order to obtain appropriate benefits. Fake books differ from genuine books in the following ways: 1) quality difference: printed on cheap paper; offset, not printed copy; the binding is not so durable; cover photo may be blurry or misaligned; the cover may be completely different from the original sample; illustrations in the text may be black and white instead of color; text border size can be reduced; 2) distributed by someone other than a known legitimate distributor or publisher; available through channels other than the usual (i.e. through a "pirate" distribution, not a bookstore); the copies sold differ from the originals on display (sometimes genuine books are shown and counterfeit copies are given at the time of purchase); the book is not permitted by law; the name of the publisher is completely missing; the price is unnaturally low. Pirated videos fall into three categories. 1. "Pure Piracy" . These are films that have not been legally released in video format and are shown in theaters across the country. "Pure piracy" is not difficult to detect, since the case, label and various inscriptions can be homemade - clippings from video magazines, posters, etc. 2. Counterfeits . These are copies of regular release videos, "dressed up" to look like the real product. Identification of counterfeit copies can be quite difficult, as the illustrations are produced by color photocopying the genuine product with a printout on a laser printer. Copied security stickers and holograms on fakes do not meet the standard. 3. Reproduced copies are copies of regular release videos that have not been made to look like the real product. The use of effective, easily recognizable security measures is vital to establishing the authenticity of a product. Security features such as a hologram allow government agencies to instantly distinguish a genuine product from a fake. Author: Rezepova V.E.
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