Civil law. A common part. Results of creative activity. information. Works. Services (most important)

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Civil law. A common part. Results of creative activity. information. Works. Services (most important)

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19. RESULTS OF CREATIVE ACTIVITY. INFORMATION. WORKS. SERVICES

Results of creative activity - one of the types of objects of civil law relations. These include: works of science, literature, art, inventions, industrial designs, etc.

The results of creative activity are intangible goods and are objects of intellectual property.

Intellectual property - the exclusive right of a citizen or legal entity to the results of intellectual activity, as well as means of individualization of legal entities, products, works and services equated to them in the legal regime.

Features of intellectual property objects:

1) are the results of intellectual activity;

2) do not relate to consumable items;

3) can be simultaneously used by an unlimited circle of persons;

4) associated with the personality of the author;

5) have a cost estimate;

6) the result of creative activity is the creation of a new product.

The results of creative activity become objects of civil legal relations only after they are embodied in an objective form (transferring them to some kind of material carrier: magnetic tape, paper), i.e. after they become possible for perception by other people.

material carrier acts as a thing and can be transferred into the ownership of other persons. When a material carrier is destroyed, the very result of creative activity is retained by its creator and can be used by other persons only after agreement with him (with the exception of cases established by law).

information signs as an object of civil legal relations:

1) intangible benefit;

2) a non-consumable good, that is, it can be subject to moral, but not physical wear and tear;

3) unlimited reproduction and dissemination of information.

The law does not establish for anyone the right of monopoly possession of information, except in cases where the information is both an object of intellectual property and constitutes an official or commercial secret.

Official or commercial secret - an object of civil legal relations, which is a kind of information.

The information is a commercial or official secret, if it has the following signs:

1) due to being unknown to third parties, it has a potential or actual commercial value;

2) does not have free access on a legal basis;

3) its owner takes measures to maintain the confidentiality of this information. Persons who have obtained information constituting an official or commercial secret by illegal means are obliged to compensate for the losses.

Work and Services as objects of civil law.

Completing of the work involves obtaining a certain materialized result and is associated with the creation of certain material goods. Results in some cases can be separated from actions, as a result of which they are considered as independent objects of civil rights.

Services - results that are inseparable from activities. Services are not related to the creation of material wealth (medical services, information, social, cultural, etc.).

Author: Stepanova O.N.

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