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

Lecture notes, cheat sheets

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62. CONCEPT OF EXCLUSIVE RIGHT

Exclusive right to the result of intellectual activity or to a means of individualization means the right to use such a result or such means in any way that does not contradict the law. An exclusive right also enables the right holder to: allow or prohibit other persons from using the result of intellectual activity or means of individualization; exercise your right. The exclusive right is absolute and must be respected by any subjects.

The original subject of the exclusive right is author - a citizen whose creative work created the result of intellectual activity. Rights to the result of intellectual activity created by the joint creative work of two or more citizens (co-authorship), owned jointly by the co-authors.

The author owns the right of authorship and other non-property rights provided for by the Civil Code of the Russian Federation. The non-property rights of the author are inalienable and non-transferable. Copyright and the right to a name are protected in perpetuity.

Signs of exclusive right:

1) action within a certain period;

2) action in a limited area;

3) the need for state registration in cases established by the Civil Code of the Russian Federation;

4) the possibility of restriction by law (such restrictions should not cause unjustified damage to the normal use of the intellectual property object and unreasonably infringe on the legitimate interests of right holders).

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