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Civil law. Parts I, III and IV. The concept of intellectual property (the most important)

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61. CONCEPT OF INTELLECTUAL PROPERTY

Concept intellectual property is determined by both international acts and the Civil Code of the Russian Federation.

According to the Convention establishing WIPO, "intellectual property" includes rights relating to:

▪ literary, artistic and scientific works;

▪ performing activities of artists, sound recordings, radio and television broadcasts;

▪ inventions in all areas of human activity;

▪ scientific discoveries;

▪ industrial designs;

▪ trademarks, service marks, trade names and commercial designations;

▪ protection against unfair competition,

▪ as well as all other rights related to intellectual activity in the industrial, scientific, literary and artistic fields.

New edition of Art. 128 of the Civil Code of the Russian Federation defines intellectual property as protected results of intellectual activity and equivalent means of individualization.

Results of intellectual activity and equivalent means of individualization of legal entities, goods, works, services and enterprises that are provided with legal protection (intellectual property, objects of protection) are (Article 1225 of the Civil Code of the Russian Federation):

1) works of science, literature and art;

2) programs for electronic computers (computer programs);

3) databases;

4) performance;

5) phonograms;

6) communication on the air or by cable of radio or television programs (broadcasting of on-air or cable broadcasting organizations);

7) inventions;

8) utility models;

9) industrial designs;

10) selection achievements;

11) topology of integrated circuits;

12) production secrets (know-how);

13) trade names;

14) trademarks and service marks;

15) names of places of origin of goods;

16) commercial designations.

Components of the concept of "intellectual property" historically considered literary (artistic) and industrial property.

Berne Convention on the Protection of Literary and Artistic Works of 1886 refers to the objects of literary (artistic) property works of science, literature and art.

Paris Convention on the Protection of Industrial Property of 1883 considers inventions, utility models, industrial designs, trademarks, service marks, trade names and appellations of origin to be objects of industrial property protection. The development of technology, technology, economics leads to the emergence of new objects of intellectual property.

Since January 1, 2008, a new concept has been introduced in the legislation of Russia - "intellectual rights", which refers to the rights to the results of intellectual activity and means of individualization equivalent to them. Intellectual rights include exclusive rights (property rights), personal non-property and other rights.

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