Information law. Intellectual Property (most important)

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Information law. Intellectual Property (most important)

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30. INTELLECTUAL PROPERTY

Article 44 (part 1) of the Constitution of the Russian Federation establishes that "everyone is guaranteed the freedom of literary, artistic, scientific, technical and other types of creativity, teaching. Intellectual property is protected by law."

The objects of intellectual property are the results of intellectual activity. These include works of literature, science and art, objects of so-called related rights (phonograms, performances, productions, broadcasts of on-air or cable broadcasting organizations), industrial property (inventions, utility models, industrial designs), equated to them - trademarks, service marks, names of places of passage of goods, programs for electronic computers and databases, typologies of integrated circuits, trade names, etc.

Itself intellectual activity is not subject to legal regulation, and civil law norms begin to operate after it finds its objective expression (for a number of objects this is not enough, a number of additional actions are necessary).

A comparative analysis of Russian and foreign experience in the legal regulation of intellectual property makes it possible to define the right of intellectual property as a set of legal norms regulating legal relations in connection with the establishment of the powers of specific persons for the urgent or perpetual possession, use and disposal of intangible objects expressed in an objectified form. With all the variety of intellectual property objects, there are common, characteristic features for all of them:

▪ they are the results of intellectual activity;

▪ these results have cost estimates;

▪ the corresponding products are carriers of certain information;

▪ a significant number of results are related to the personality of the author;

▪ objects are not consumable things;

▪ the results of intellectual activity can be simultaneously used by an unlimited number of people;

▪ the process of creative activity ends with the creation of a new, original product.

Perhaps, in a special row are such objects as trademarks, service marks, appellations of origin of goods, "know-how". They are of significant commercial value, but are not the result of intellectual creative activity.

The law guarantees the exclusive right to use them, and therefore, equating them to intellectual property, in Art. 138 of the Civil Code indicates that the use of the results of intellectual activity and means of individualization, which are the object of exclusive rights, can be carried out by third parties only with the consent of the copyright holder.

With the introduction of the norm on the protection of intellectual property in the Civil Code, the exclusive beginning of the author's rights to the object of creative activity created by him has been strengthened. The author is a priority figure for recognizing him in the law as a subject of the right to the object of creative activity created by him.

The rights of authors are still protected so far as products of creative activity and are protected by recognizing the right, restoring the situation that existed before the violation of the right, stopping actions that violate the right or threaten to violate it by indemnification, payment of compensation.

Author: Yakubenko N.O.

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