Table of contents (expand)
- The concept of civil law (GP)
- Correlation of civil law (GP) with other branches of law. HP as a science and academic discipline
- Sources of civil law (GP). civil law
- Operation and application of civil law (CL)
- The concept and structure of civil legal relations (GP). Types of civil legal relations
- Grounds for the emergence, change and termination of civil legal relations
- The concept of subjects of civil legal relations. Citizens as subjects of civil legal relations
- Restriction of legal capacity of citizens
- Legal entities as subjects of civil legal relations
- Creation and termination of a legal entity (LE)
- The state as a subject of civil legal relations
- Business companies
- Business partnerships
- Production cooperative
- Unitary (state and municipal) enterprises. Non-Profit Organizations
- Objects of civil legal relations and their types
- Concept, definition and classification of things
- Securities as objects of civil legal relations
- The concept of a transaction and types of transactions
- Form of transactions
- Invalid transactions
- Types of invalid transactions
- The concept and meaning of representation
- Grounds for the emergence and types of representation
- Power of attorney
- The concept and types of terms
- Limitation period, the beginning of the limitation period
- Break, suspension, restoration of limitation periods
- Subjective civil rights and obligations. Implementation of subjective civil rights
- Civil liability, its types and significance
- Civil liability: grounds for occurrence and release
- Forms and sizes of civil liability
- Real right, property, property right
- Types of property rights. Grounds for the emergence and termination
- Right of private property of citizens
- Right of private property of legal entities
- State property right
- Municipal Property Law
- The concept of inheritance
- testamentary succession
- Legacy Inheritance
- The procedure for acquiring an inheritance. Discovery and protection of inheritance
- Acquisition of an inheritance
- Features of inheritance of certain types of property
- Legal regulation of common and shared property
- Legal regulation of joint ownership
- Real rights of persons who are not owners. Rights of persons who are not owners of land plots
- The right of economic management and operational management of property
- easement rights
- Civil law ways of protecting property rights. Vindication and negator claims
- Concept of obligation
- Commitment Structure
- Classification of obligations
- The concept and meaning of the contract
- Content and form of the contract
- The concept, methods and meaning of termination of obligations
- Features of individual methods of termination of obligations
- Ensuring the fulfillment of obligations. forfeit
- Pledge, retention, guarantee
- Bank guarantee. Deposit
- The concept of intellectual property
- The concept of exclusive right
- The main novelties of part IV of the Civil Code of the Russian Federation
- Disposition of the exclusive right
- Copyright concept
- Types of copyright objects
- Subjects of Copyright
- Subjective copyright. Exclusive rights
- Other property rights
- Personal non-property rights of the author
- Patent Law
- Means of individualization
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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