Types of intellectual property rights. A brief educational program on intellectual property. Most Common IP Infringements

The Internet has quickly become an integral part of the life of almost every person. It is not surprising that the rules governing intellectual property rights sometimes do not keep pace with such rapid development. The number of lawsuits triggered by their violation is growing exponentially. In this regard, it is necessary to have a clear idea of what protected objects of intellectual property are and how they are protected.

The concept and objects of intellectual property

World Intellectual Property Organization (WIPO) was established on July 14, 1967. Convention establishing it, signed in Stockholm, gives intellectual property a fairly broad definition. She considers the objects of intellectual property protection:

literary, artistic works and scientific works (protected by copyright);
performing activities of artists, phonograms and radio broadcasts (protected by related copyrights);
inventions, utility models, industrial designs, trademarks, service marks, trade names, commercial names and designations (protected by patent law and industrial property law);

In the laws of individual states, including the Russian Federation, the concept of intellectual property is somewhat narrower, but not by much. Although the Civil Code does not define this phenomenon and does not formulate the rights that relate to intellectual property, it plays an important role in the formation of a legal system that addresses this issue. Section VII of the Civil Code is entirely devoted to the protection of exclusive rights, it clearly distinguishes two groups into which objects of intellectual property in the Russian Federation:

direct results of intellectual activity;
means of individualization equated to them;

Objects of intellectual property and their features

Article 1225 of the Civil Code interprets intellectual property as the results of intellectual activity and means of individualization under the protection of the law. Characteristic features of intellectual property:

intellectual property is intangible. In this, it radically differs from the classical understanding of property. When you own something, you have the right to dispose of it as you wish. But it is impossible to use the same item with someone else at the same time. The possession of intellectual property makes it possible at the same time to use it for personal needs and allow another person to own it. In addition, there may be hundreds of thousands and even millions of such owners, and each of them will have the right to use the intellectual property object;
intellectual property is absolute. This implies that one owner of the rights to an intellectual property object is opposed to all persons who do not have the right to use this object until they receive official permission from the owner to do so. At the same time, the fact that a ban on use has not been announced does not mean that everyone can use it;
intangible objects of intellectual property are embodied in material objects. When you buy a book, you become the owner of only one copy out of many thousands of copies, but at the same time you have not acquired any rights to the novel printed on its pages. You have the right to dispose at your own discretion only of the information carrier belonging to you - to sell, donate, constantly re-read. But any interference in the text of the work, its copying for the purpose of distribution will be unlawful;
in Russia, an object must be explicitly called intellectual property in law. Not every result of intellectual activity or a means of individualization falls under the definition of intellectual property. For example, a domain name individualizes a site on the Internet and can serve as a means of individualizing the person who created this resource, but at the same time it cannot be considered intellectual property, since this is not provided for by law. Scientific discoveries, of course, occur as a result of intellectual activity, but at the moment they are not considered an object of intellectual property protection in the Russian Federation;

Main types of intellectual property rights

Personal non-property rights.

They cannot be taken away or transferred to another person, the owner of such rights can only be the author, and measures to protect them can be initiated either by the author or his heirs. The cases of occurrence of these rights are listed in the legislation.

Exclusive right.

Its owner may be a citizen or a legal entity, one subject or several at once. It implies the possibility of using objects of intellectual property in various forms and ways that do not go beyond the law, including suppressing cases of their use by third parties without obtaining prior consent. The absence of a ban does not mean otherwise.

The validity of the exclusive right is limited by the terms established by the legislation.

Within the Russian Federation, there are exclusive rights to objects of intellectual property protection, which are regulated by the Civil Code of the Russian Federation and international treaties.

Other rights.

There are other rights not listed above. These include the right of access and the right to follow.

Intellectual rights are not directly related to the right of ownership and other real rights to a material carrier (thing) necessary for their reproduction or storage.

What are the objects of intellectual property (examples)

1) Works of science, literature and art.

literary works. The legislation of the Russian Federation means by this term a work of any genre that expresses thoughts, images and feelings using words. Its obligatory characteristic is the originality of the composition and presentation. The concept of a literary work, in addition to fiction, also includes scientific, educational and journalistic works. The form of the work does not have to be written, it can be its oral presentation, including before any audience. The carriers of a literary work can be paper, CD, tape recording, gramophone record.
letters, diaries, personal notes. Protected intellectual property includes letters, diaries, personal notes and other similar documents of an individual nature. At the same time, from the point of view of the law, they are all included in the group of literary works. Only their author has the exclusive right to dispose of letters and diaries, therefore, without his consent, their publication and other distribution is illegal. It does not matter how valuable the content of personal documents is in terms of literary heritage. The law equally stands to protect the letters of both a famous writer and scientist, and an ordinary person. The main criterion in this case is the individual nature of the information contained in them. To publish personal notes and diaries, you must first obtain the consent of the author and addressee, when it comes to letters.
interviews, discussions, letters to the editor. An interview is a conversation during which a journalist, reporter, presenter asks questions to an invited person whose opinion on the issues discussed is of public importance. Subsequently, the recording of this meeting is published in print or online publications or goes on television and radio.
The object of the interview is most often a person whose personality is of increased interest to a particular audience. In order for his characteristic features to be revealed in the course of the conversation, intelligence and humor to appear, the questions asked of him must be interesting, at times even provocative. If the meeting plan is carefully thought out by the journalist, and the composition is well-built, such an interview has every chance of becoming an object of intellectual property protection.

Letters from readers or listeners sent to the editors of the media are not inherently private and can be published if the letter itself does not contain a corresponding prohibition. It is also considered to be subject to intellectual property protection, as it implies creativity in its writing. The position of the author on the issue that served as the topic of the appeal, as well as his thoughts on this matter, the manner of presentation, including the literary techniques used in the letter, comes first.
translations. The translation of any text into a language other than the original language is considered a separate type of literary work, protected by law. It should be borne in mind that translation into another language requires the translator, first of all, to preserve the style of the original work, and he must also select the language means that correspond as closely as possible to those used by the author when creating his text. But when the translator is faced with the task not to convey all the artistic colors of the source, but only to perform a literal translation, the so-called interlinear translation, the result of his work will not be the object of legal protection of intellectual property.
computer programs. Today, computer software is considered a separate, very important type of product, which is the result of intellectual creative activity using sophisticated equipment. It is no secret that the production cost of software tools is much higher than the devices themselves for their use - computers and smartphones. Russian legislation equates computer programs and databases with literary and scientific works, but they are not considered inventions. As an object of intellectual property, a program for electronic computers is a unique set of data and commands designed to achieve a specific result of the operation of computers and similar devices. This also includes materials obtained during its development, as well as the video and audio sequence that is played while using the application. But the protection of programs cannot be considered absolute: they are forbidden to be copied without the permission of the authors, but the algorithms underlying their work are not protected in any way.
dramatic works. The objects of intellectual property that are subject to protection in the field of copyright also include dramatic works, regardless of their genres, methods of embodiment on the stage and forms of expression. Dramatic works, from the point of view of the law, represent a special kind, which has specific artistic means and method of demonstration. For example, the dialogues and monologues of the characters prevail in the text of the drama, and such works are realized mainly in front of the audience on the stage.
musical works. When artistic images are transmitted using sounds, the work is considered musical. The specificity of sound is that it creates pictures or actions in the listener's imagination, without resorting to a specific meaning like text, or to visible images like painting. At the same time, the sounds are organized by the will of the composer into a harmonious structure with a unique intonation. Works of musical art are perceived by listeners either directly when performed by musicians, or using a variety of sound carriers - gramophone records, cassettes, compact discs. Works performed before the general public are protected as objects of intellectual property.
scenarios. Also, the objects of intellectual property protection include scripts that serve as the basis for staging films, ballets, festive mass performances. They can be different and meet the requirements of precisely those genres of art for the implementation of which they are intended. So, the scenario of the film is completely different from the scenario of the closing of the Olympic Games. At the same time, it is considered an object of intellectual property and is subject to protection, regardless of whether it is original or created based on any literary work.
audio and video. Perhaps the most massive group today is made up of audiovisual works, which include many different forms, implying simultaneous sound and visual perception by the public. These are movies, TV shows, video clips, cartoons. Each of these types, in turn, is divided into certain genres and methods of performance. What unites them is that they are all designed for the simultaneous perception of the visual and sound range, the images replacing each other are inextricably linked with the accompanying cues and music. A large number of authors are simultaneously working on the creation of such works, the contribution of each of which is necessary to create an integral work of art. However, this does not exclude the possibility that, for example, elements of one film - costumes, scenery, shots - can act as separate objects of intellectual property protection.
fine arts and decorative arts. There are so many forms and technical methods for implementing creative ideas that it is not possible to fully describe in the legislation all possible types of works of fine art that can be objects of intellectual property protection.
Of course, this includes masterpieces of painting, graphics, sculptures, monuments, design developments, comics and many more ways of expressing artistic thought. They are united by one common feature: works of fine art cannot exist in isolation from those material carriers with the help of which they are brought to life. Thus, the masterpieces of painting cannot be separated from the canvas on which they are painted, and the statues of Italian Renaissance masters cannot be separated from the marble from which they are carved. It is common for works of this type to exist in a single copy, and therefore in their relation there is a need to distinguish between ownership of a particular sculpture and copyright for a work of art.
copies of works of art. The specificity of works of fine art is that they can not only be replicated through printing, but also be recreated in the form of a copy. Naturally, such reproduction of objects of legal protection of intellectual property can be carried out only with the consent of the copyright holder - the author, his heirs, or with the permission of the owner, for example, a museum. The exception is works of fine art that are on public display, in particular, monuments, which are allowed to be copied without restrictions if the terms of protection have long expired.
works of arts and crafts and design. Distinctive features of works of arts and crafts can be called their intended use in everyday life and at the same time highly artistic performance. In other words, they meet at the same time the requirements of utilitarianism and education of artistic taste. In some cases, such items may exist in a single copy, but most often their production occurs in droves. Before starting the production of a work of arts and crafts, the manufacturing enterprise must approve the sketch by a specially created art council. From that moment on, it becomes an object of intellectual property and is subject to protection.

2) Inventions, utility models, industrial designs.

invention. Objects of intellectual property are inventions if it is a newly created device, method, substance or strain of a microorganism, a culture of plant or animal cells. Inventions also include the use of a previously known device, method, substance for a completely different purpose. In particular, devices are represented by machines, devices, mechanisms, vehicles.
utility model. This concept refers to innovative solutions in the form of devices intended for use in industry for the manufacture of means of production and consumer goods. Their difference from inventions lies in the fact that they are purely utilitarian in nature and do not constitute a significant contribution to the development of technology. Like other objects of industrial intellectual property, a utility model is the result of the creative activity of a person or a group of people, has a sign of novelty and can be used in industry.
industrial model. An industrial design is understood as a variant of the artistic and constructive solution of any product, which is the standard of its appearance. What it has in common with the invention is that, being the result of mental labor, it is embodied in material objects. But, unlike an invention, which substantiates the technical side of a product, an industrial design is aimed at solving its external appearance, including the development of precise methods for translating design ideas.

3) Means of individualization.

brand names. The word "firm" in the Russian business language serves to designate an entrepreneurial structure, which makes it possible to distinguish it from many similar formations. The company name must include an indication of the organizational and legal form of the enterprise (LLC, OJSC, CJSC, PJSC), line of business (production, scientific, commercial). The law prohibits the use of words in the company name that may mislead consumers.
trademark. This object of intellectual property serves to indicate the ownership of goods manufactured by various companies to one or another manufacturer. A trademark is a kind of symbol placed directly on a product or its packaging, and serves to identify a product of a particular manufacturer among similar ones.
Trademarks, depending on the form chosen by the owner company, are pictorial, verbal, combined, three-dimensional and others.

Trademarks expressed with words have many variations. The most common options include the use of the names of famous people, characters of works, heroes of myths and fairy tales, names of plants, animals and birds, planets. Often there is an appeal to words from the ancient Roman and ancient Greek languages, as well as specially created neologisms. A trademark can also be a combination of words or a short sentence. The visual design of a verbal trademark (logo) is also considered an object of intellectual property protection.

Figurative trademarks involve the use of various designs and symbols. Volume signs- this is any three-dimensional object that the company considers the object of intellectual property protection. An example is the original shape of a strong alcohol bottle.

Combined trademarks combine all of the above features. The simplest example of this type of trademark is bottle labels or candy wrappers. They contain the verbal and figurative components of the trademark, including the corporate color palette.

In addition to the above, the law allows the registration of trademarks in the form of sound combinations, aromas and light signals. Most often, foreign manufacturers are the initiators of this.
service sign. Close in purpose to a trademark is a service mark. It is intended to distinguish the services provided by a particular individual or entity from others of the same kind. For a service mark to be officially recognized as such, it must be new and registered. In Russia, the requirements for trademarks and service marks are identical.
the name of the place of origin of the goods. The appellation of origin of goods implies the use of the name of a country, city, town in the designation of goods to identify it in connection with its unique properties, which are due to the peculiarities of geographical origin, the human factor, or a combination of them. Although at first glance this intellectual property object is similar to a trademark and a service mark, it has distinctive features. This is a mandatory indication of the origin of the product from a particular state, region or area. Options may be the name of the country (Russian), city (Volgograd), settlement (Sebryakovsky). Both officially recognized names (St. Petersburg) and slang (St. Petersburg) can be used; both full (St. Petersburg) and abbreviated (Petersburg), both used today (Petersburg) and gone down in history (Leningrad).

Non-traditional objects of intellectual property

The word "non-traditional" in relation to this group objects of intellectual property motivated by the fact that their protection is not subject to either copyright or patent law.

Non-traditional items include:

1) topology of integrated circuits

The topology of an integrated circuit is a spatial and geometric arrangement of a set of elements and connections between them, imprinted on a material carrier, namely on a crystal. This intellectual property is of particular interest for unauthorized copying by interested parties, so its protection must be carried out with particular care.

2) selection achievements

Selection is a human action aimed at obtaining plants and animals with a predominance of the necessary characteristics. In this case, protected objects of intellectual property are achievements in solving a certain practical problem, namely a new plant variety or animal breed.

3) know-how

Production secret (know-how) is technical, organizational or commercial information that is protected from misuse by third parties. The obligatory conditions for classifying information as know-how are the following:

it represents a certain commercial value in the present or future;
there is no free access to it on the basis of the law;
the owner ensures its protection to maintain confidentiality;

The Law of the Russian Federation "On Trade Secrets" regulates the legal norms relating to the protection, transfer and use of production secrets. In this case, know-how is considered as the results of intellectual activity, which are subject to protection as a trade secret.

At the same time, the concept of a trade secret covers a wider range of phenomena than production secrets (know-how). It may include various databases, accounting documents and other information that should not be made available to a wide range of people for any reason. Naturally, such information is not subject to intellectual property protection, although it has common features with them.

The attribution of the above objects to non-traditional is due to their ambiguity when trying to accurately determine the type of legal protection. A huge number of lawsuits in defense of this information is caused by the need for legislative regulation of this area. The specificity is manifested in the fact that protection actions in this case are not aimed at the form, but exclusively at the content of the intellectual property object.

How is the exclusive right to intellectual property transferred?

Based on Article 1232 of the Civil Code, the right to the result of intellectual activity is recognized and protected subject to its state registration. The alienation of the exclusive right to the result of intellectual activity or the granting of the right to use such a result under an agreement is carried out through the state registration of the relevant agreement: an agreement on the alienation of an exclusive right or a license agreement.

According to paragraph 1 of Article 1234 of the Civil Code, “under an agreement on the alienation of an exclusive right, one party (right holder) transfers or undertakes to transfer its exclusive right to the result of intellectual activity ... in full to the other party (acquirer).”

In accordance with paragraph 1 of Article 1235 of the Civil Code, “under a license agreement, one party - the owner of the exclusive right to the result of intellectual activity ... (licensor) grants or undertakes to grant to the other party (licensee) the right to use such result ... within the limits provided for by the agreement. The licensee may use the result of intellectual activity ... only within the limits of those rights and in the ways provided for by the license agreement.” Consequently, when signing an agreement on an intellectual property object, the cost depends on the amount of rights to use it, which the licensee acquires.

Who controls goods containing intellectual property and how

To begin with, it is necessary to remember that an economic product that contains the result of intellectual activity and at the same time does not have intellectual property rights to it, reflected in the license agreement, is called counterfeit.

When considering products that include objects of intellectual property protection, the customs authorities in their practice distinguish two types of goods that can be called counterfeit products:

a product that is an imitation of the original product (fake);
original goods that are imported into the territory of the Russian Federation in violation of the law in the field of intellectual property;

Article 51 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which deals with specific requirements for border measures, refers to goods that illegally use a trademark, as well as goods that have been produced in violation of exclusive rights. At the same time, the first group includes all products and their packaging, on which a trademark belonging to another person is illegally applied, or a mark that is very similar to the registered one. These actions undoubtedly violate the rights of the owner of this trademark. All goods that are the result of copying made without obtaining the proper consent of the copyright holder or the person authorized to protect the intellectual property object are considered to be manufactured in violation of rights.

The sequence of actions for the protection of intellectual property objects is provided for in Part 4 of the Civil Code. Ensuring the legal procedure for granting legal protection to objects of intellectual property in the Russian Federation is one of the main functions of FIPS. The Federal Customs Service carries out activities to protect intellectual property rights within its competence, namely the customs control of goods containing objects of intellectual property crossing the state border. At the same time, a distinctive feature of the activities of the customs in this direction is that it is not the objects of intellectual property that are subject to customs control, but goods moving across the border of the Russian Federation containing objects of intellectual property.

Within their powers, the customs authorities may take measures aimed at suspending the release of goods, based on the application of the holder of exclusive rights to objects of copyright and related rights, to trademarks, service marks and the right to use the appellation of origin of goods. At the same time, the scope of actions of the customs authorities does not include issues of ensuring the protection of rights to inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how), commercial designations and uniform technologies. But this provision should not be associated with the customs valuation of goods containing intellectual property. For goods that include any type of intellectual property protection, the customs value is calculated taking into account the value of such intellectual property.

How intellectual property rights are protected

According to the current legal norms, all disputes, the subject of which is the protection of violated rights to intellectual property, considered and resolved by the court.

To consider claims related to the protection of such rights, a special division of the arbitration court has been created - the Court for Intellectual Property Rights.

At first instance, they hear cases and disputes:

on invalidating, in whole or in part, the regulatory legal acts of federal executive bodies, in particular, in the field of patent rights, rights to achievements in breeding activities, to the topology of integrated circuits, to secrets of production (know-how), to means of individualization of legal entities, goods , works, services and enterprises, the rights to use the results of intellectual activity as part of a single technology;
on the need for legal protection or on the termination of its validity in relation to the results of intellectual activity and means of individualization of legal entities, goods, works, services and enterprises (with the exception of objects of copyright and related rights, topologies of integrated circuits), including:
1. on invalidating decisions and actions (inaction) of Rospatent, the federal executive body for selection achievements and their officials, as well as bodies authorized to consider applications for granting a patent for secret inventions;
2. on the invalidation of the decision of the body of the Federal Antimonopoly Service on the recognition of unfair competition of actions related to the acquisition of the exclusive right to means of individualization;
3. about the establishment of the owner of the patent;
4. on the invalidation of a patent, a decision on granting legal protection to a trademark, an appellation of origin of goods and on granting an exclusive right to such an appellation;
5. on early termination of the legal protection of a trademark due to its non-use;

Cases on claims corresponding to the above problems are subject to consideration by the Intellectual Property Court, regardless of who exactly the parties to legal relations are - organizations, individual entrepreneurs or ordinary citizens.

As a special form of protection of intellectual property is application of an administrative order, which consists in the consideration by the federal executive body for intellectual property and the Ministry of Agriculture (for achievements in the field of breeding) of issues related to the filing and consideration of applications for the grant of patents for inventions, utility models, industrial designs, breeding achievements, trademarks, signs services and appellations of origin of goods. Also, the competence of these bodies includes registration of the results of intellectual activity and means of individualization with the mandatory issuance of title documents, contesting the granting of protection to these results and means of legal protection or its termination. Decisions of these bodies come into force from the date of adoption. If necessary, they can be challenged in court in the manner prescribed by law.

Claims for the protection of objects of intellectual property may be filed by the owner of the rights, organizations managing rights on a collective basis, as well as other persons provided for by law.

The methods that are used in the protection of intellectual property objects are divided into general, listed in Article 12 of the Civil Code, and special, which are specified in Part 4 of the Civil Code.

In the process of protecting personal non-property rights, the following are applied:

recognition of the right;
restoration of the situation that existed before the violation of the right;
suppression of actions that violate the right or create a threat of its violation;
compensation for moral damage;
publication of the court decision on the violation;
protection of honor, dignity and business reputation of the author;

The protection of exclusive rights to objects of intellectual property and means of individualization is carried out both by general and special methods.

Common claims include:

on the recognition of the right - to a person who denies or otherwise does not recognize the right, thereby violating the legally protected interests of the right holder;
on the suppression of actions that violate the right or create a threat of its violation - to the person committing such actions or making the necessary preparations for them, as well as to other persons who have the power to suppress such actions;
on compensation for losses - to a person who illegally used the result of intellectual activity or a means of individualization without a preliminary agreement with the right holder (non-contractual use) or who violated his exclusive right in another form and caused damage to him, including violating his right to receive remuneration;

As special methods of protection of intellectual property objects are used:

the ability to seek compensation in lieu of damages. Compensation is subject to recovery if the fact of the offense is proven. In this case, the right holder who applied for the protection of the right is not obliged to prove the amount of losses caused to him. The amount of compensation is determined by the court, based on the limits established by the Civil Code of the Russian Federation, depending on the nature of the violation and other circumstances of the case, and taking into account the requirements of reasonableness and fairness;
presentation of a demand for the withdrawal of a material carrier - to its manufacturer, importer, custodian, carrier, seller, other distributor, unscrupulous purchaser;
publication of a court decision on the violation committed, indicating the present copyright holder;
liquidation by a court decision of a legal entity in respect of which a repeated or gross violation of exclusive rights has been established, at the request of the prosecutor, as well as termination of the registration of a citizen as an individual entrepreneur;

It is possible to protect intellectual property with the use of technical means, measures of criminal law and administrative liability.

However, the main point of this process should be the registration of rights to the object of intellectual property. If you are not the owner of title documents, you will have to prove your direct involvement in the development of the object of protection.

As you can see, registering the right to an object of intellectual property is a complex and lengthy process. If you do not want to delve too deeply into this issue, or if you want to get the perfect result right away, without making mistakes, then you should trust the professionals. You can use the services of the company "Royal Privilege", which has rich legal experience. Specialists will control the entire registration process from the first days of application to the receipt of rights to an intellectual property object.

The Intellectual Property and Intellectual Property section of the Intellectual Property Library is an introduction. It discusses the general provisions on what intellectual property is, why it is needed and how to protect it. The information will be useful for students, lawyers, whose specialization is not related to intellectual property, entrepreneurs, as well as those who first encounter Russian and international intellectual property law.
If you do not find the answer to your question, we suggest looking for it in other, more specialized sections of the Sum IP Intellectual Property Library.

1. What is intellectual property?

According to Article 1225 of the Civil Code intellectual property - these are the results of intellectual activity and means of individualization protected by law. The main features (characteristics) of intellectual property:

a) Intellectual property is intangible. This is its main and most important difference from ownership of things (property in the classical sense). If you have a thing, you can use it yourself or transfer it to another person for use. However, it is impossible at the same time to use one thing together independently of each other. If you own intellectual property, you can use it yourself and at the same time grant rights to it to another person. Moreover, there can be millions of these persons, and all of them can independently use one object of intellectual property.

b) Intellectual property is absolute. This means that one person - the right holder - is opposed by all other persons who, without the permission of the right holder, are not entitled to use the object of intellectual property. Moreover, the absence of a ban on using the object is not considered permission.

in) Intangible objects of intellectual property are embodied in material objects. By purchasing a disc with music, you become the owner of the thing, but not the copyright holder of the musical works that are recorded on it. Therefore, you have the right to do whatever you want with the disc, but not with the music. Unlawful, for example, will change a piece of music, arrange or otherwise process

d) In Russia the object must be explicitly called intellectual property in law. That is, not every result of intellectual activity and not every means of individualization is intellectual property. In particular, a domain name individualizes a site on the Internet and can individualize a person using this site, however, a domain name is not intellectual property, because not mentioned as such in the law. Undoubtedly, discoveries are the result of intellectual activity, but at present they are not recognized as intellectual property in Russia.

2. Objects of intellectual property

Objects of intellectual property are exhaustively listed in Article 1225 of the Civil Code of the Russian Federation. If some result of intellectual activity is not mentioned in Article 1225 of the Civil Code of the Russian Federation, then it is not intellectual property and intellectual rights to it do not arise. Therefore, any person has the right to use it without anyone's permission.
All objects of intellectual property can be divided into several groups. These groups are often referred to as intellectual property law institutions. These include:

Non-traditional objects of intellectual property.
legal entities, enterprises, goods and services.

Below is scheme of intellectual property objects.

3. What is industrial property?

The definition of industrial property is given in the Paris Convention for the Protection of Industrial Property of 1891 by listing the objects that relate to it. In accordance with the Convention industrial property includes:

invention patents;
utility model patents;
patents for industrial designs;
trade names;
geographical indications and appellations of origin of goods.

Separately, the protection of industrial property includes measures to curb unfair competition. Industrial property is thus part of the broader concept of intellectual property.

4. Intellectual rights. Types of intellectual rights.

Intellectual rights These are the rights that are recognized by law on objects of intellectual property. As shown in the diagram, there are three types of intellectual rights:

Exclusive right is the right to use intellectual property in any form and by any means. At the same time, the exclusive right includes the ability to prohibit all third parties from using intellectual property without the consent of the copyright holder.
The exclusive right arises for all objects of intellectual property.
Moral rights These are the rights of a citizen-author of an intellectual property object. They arise only in cases provided for by law.
Other rights are heterogeneous in nature and are singled out in a separate group, because cannot be attributed to either the first or the second. Examples are the right to access, the right to follow.

5. Transfer of intellectual property.

Intellectual property itself cannot be transferred, because is an intangible object. Therefore, only intellectual rights to it, primarily the exclusive right, can be transferred. The main forms of disposal of the exclusive right are presented below:

Alienation of the exclusive right, those. in full from one person to another. In this case, the previous copyright holder completely loses the legal ability to use the IP object.
Granting the right to use an IP object under a license agreement. The exclusive right is retained by the copyright holder, however, another person (the licensee) receives the right to use the object to the extent established by the license agreement.
In turn, the license can be exclusive and simple (non-exclusive). In the first case, the right holder loses the right to enter into license agreements with other persons; in the second case, he retains this right.

The transfer of intellectual property rights in most cases is carried out on the basis of an agreement, but there are exceptions. For example, the exclusive right to a work of literature can be inherited.

6. Protection of intellectual property.

Methods for protecting intellectual property and the procedure for implementing protection depend on the specifics of a particular IP object, therefore, they will be discussed in more detail in the relevant sections of the IP Library. However, there are general methods of protection, which are presented in the diagram.

7. Open licenses in intellectual property law

Russian law contains detailed provisions on a special kind of license agreements. A separate article on our website is devoted to this topic at the link just above.

useful links on the topic “Intellectual property and intellectual rights”:
1. Website of the World Intellectual Property Organization - http://www.wipo.int
2. Website of the Russian Academy of Intellectual Property - http://rgiis.ru
3. Canada Patent Office -

The beginning of the manifestation of human intellectual activity dates back to ancient times. However, the need for its legal regulation arose much later. Historically, the first institution of intellectual property law was copyright. Already in the era of Antiquity, copyrights for literary works began to be protected. The facts of borrowing someone else's work, as well as its distortion, were condemned.

IP law was formed with the development of "mass production" in the spiritual sphere and the emergence of certain clashes of interests of subjects of intellectual activity. Note that intellectual property law does not interfere with the process of intellectual activity.

Intellectual property refers to the results of intellectual activity, as well as the means of their individualization, protected by law (Article 1125 of the Civil Code). Intellectual property has a number of characteristic features. Let's consider the most basic ones.

1) Intangibility. This is the main and most important feature that distinguishes it from property in the traditional sense. Possessing some thing, you can dispose of it at your own discretion: use it yourself or transfer it to another person for temporary use. At the same time, two people cannot use the same thing at the same time. With intellectual property, the situation is different, since in this case the same object can be used in different places at the same time. And the number of users is unlimited.

2) Absoluteness. Means that it opposes all other persons. No one except him has the right to use a specific copyright object of intellectual property. Note that the absence of a ban on the use of an object cannot act as a permit.

3) Embodiment of intangible objects of intellectual property in material objects. Let's explain with an example. Having bought a laser disc with musical works, you become the owner of the goods, that is, the material carrier. However, you do not acquire any rights to the works themselves stored in this facility. In other words, you are free to do whatever you want with the disc, but the music does not become your property. No changes (arrangement, processing) can be made to it.

4) The need for direct reflection in the law of the object of intellectual property. This principle means the following. Not every result of creative activity can be considered an object of intellectual property. This is also true for means of individualization. For example, a domain name is a means of individualizing a site in the global network. However, it cannot be recognized as intellectual property, since the law does not say anything about it.

A complete list of intellectual property objects is contained in Art. 1225 GK. No other result of intellectual activity not mentioned in this article is intellectual property. Therefore, no intellectual property rights arise for this object. This means that anyone can use it without having any permissions.

There are two categories of intellectual property: industrial property and copyright. Elements of industrial property: inventions, trade names, industrial designs, trademarks, utility models, service marks, names of geographical places.

Literature;
- music;
- science;
- art;
- cinematography.

The protection of industrial property provides for measures that limit unfair competition. It is part of a larger category called "intellectual property". must be registered. Their creation, use and protection must comply with all the rules established for intellectual property.

The Patent Office deals with the registration of industrial property. The procedure ends with the issuance of a patent or certificate. Only after registration, intellectual property will be given the status of industrial property. This condition does not apply to .

Let us briefly characterize some types of intellectual property:

Invention. An invention is a technical solution covering any area of human activity. It may refer to a product or a process. The main conditions are: industrial applicability, novelty, availability of an inventive step. The products of the invention are strains of microorganisms, cells of living and plant organisms, substances, devices. Method - an algorithm for performing actions on a material object by means of technical means to achieve a result.

Useful model. This is a technical solution aimed at a specific device. Recognition requirements are a sign of novelty and industrial applicability.

Industrial model. It is presented in the form of an artistic and design solution. It characterizes the appearance of a product made by an industrial or handicraft method. The provision of legal protection to the sample is carried out in case of its novelty and originality. The originality of an industrial design is determined on the basis of essential features that determine the creative nature of the specifics of the product. The essential features of an industrial design include such features that determine the set of aesthetic and (or) ergonomic features of the appearance of the goods. This includes the shape, color scheme, configuration, pattern of the ornament.

Trademark. Trademarks and service marks are designations that can be used to individualize the work performed, goods, and services provided by individuals or legal entities.

Company name. It is used to identify an enterprise or a company as a whole. Sometimes - without presenting the goods and services they provide in the respective markets. A company name that has received the status of a protected object of intellectual property symbolizes the business reputation of an economic entity. At the same time, it also acts as a valuable asset. A trade name does not require special registration. After its registration in the Unified State Register of Legal Entities (Unified State Register of Legal Entities), it is subject to protection on the territory of the Russian Federation.

Place name. It is possible to obtain the exclusive right to use the name of a place after state registration and obtaining an certifying certificate.

intellectual law

Intellectual property refers to a right that is recognized by law in relation to objects of intellectual property. There are three types of intellectual property rights:

Exclusive right. We are talking about the right to use objects of intellectual property in any manifestations, both in form and in methods. However, this right includes the ability to prohibit all other persons from using this property without the permission of the copyright holder. The emergence of an exclusive right applies to all objects of intellectual property;

Personal non-property right. It is the right of the citizen-author of this object of intellectual property. Such a right arises only under conditions enshrined in law;

Other right. This group includes rights that are heterogeneous in nature. Their main feature is the absence of signs by which they can be attributed to the first or second group. In particular, the right to follow, access.

Transfer of intellectual property

Intellectual property cannot be transferred as it is an intangible object. We can only talk about the transfer of rights to it. This is especially true for exclusive rights.

An exclusive right can be disposed of in several forms:

By alienating the exclusive right. This is due to the transfer of the exclusive right of one person to another in full. This procedure is accompanied by the loss of the legal possibility of using the intellectual property object by the previous copyright holder;

Granting the right to use an intellectual property object on the basis of a license agreement. In this case, the copyright holder retains the exclusive right. And the licensee receives the right to use the object to a limited extent, provided for by the license agreement. The license itself can be of two levels: exclusive and simple. The first option prohibits the right holder from entering into similar agreements with other persons, and the second option reserves this right for the right holder.

Copyright and industrial property can receive official legal protection only after their state registration. Intellectual property can be registered in various ways:

Protection of intellectual property rights is provided by the legislative method based on the content and consequences of a real violation. The legislation provides for civil, administrative and criminal liability for violations of intellectual property rights.

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Protection of intellectual property. Protection of rights, objects.

Intellectual property is the results of intellectual activity (RIA) and equated means of individualization of legal entities, goods, works, services and enterprises that are granted legal protection. This is a legal definition, which is contained in Article 1225 of the Civil Code of the Russian Federation.

Its specific features include:

1. Intangibility

Sometimes they talk about incorporeality, as opposed to ownership of things. Each object is one or another kind of information. Being non-material, it, nevertheless, is embodied in material carriers. The owner of the latter (disc, book, picture) is the owner of the thing and has the opportunity to sell, donate, otherwise dispose of it. However, he is not the owner of the intellectual property object.

2. Possibility of simultaneous use by several subjects

It follows from the property of non-materiality. Only one person can use the thing - the owner or another person. One and the same object of intellectual property can be simultaneously used by an unlimited number of persons.

3. Territorial and temporal limitation of action

4. The object must be directly named in the law. In particular, discoveries are the result of intellectual activity, but the law does not classify them as intellectual property.

The list is closed. Everything that is not listed in the law is not under legal protection, it is not intellectual property. Objects include:

works of science, literature and art;

programs for electronic computers (computer programs);

Database;

II. Related rights

performance;

phonograms;

broadcasting or by cable radio or television broadcasts;

III. Patent Law

inventions;

useful models;

industrial samples;

IV. Means of individualization

trade names;

trademarks and service marks;

appellations of origin of goods;

commercial designations

V. Objects such as

Production secrets (know-how)

selection achievements;

topology of integrated circuits;

Legal protection as an industrial design or a means of individualization is not granted to objects that include, reproduce or imitate official symbols, names and distinctive signs or their recognizable parts:

1) state symbols and signs (flags, emblems, orders, banknotes, etc.);

2) abbreviated or full names of international and intergovernmental organizations, their flags, emblems, other symbols and signs;

3) official control, guarantee or hallmarks, seals, awards and other distinctions.

Types of intellectual property rights

 Personal non-property rights.

I are inalienable and non-transferable, can only belong to the author himself, a citizen, and be protected by the author or his heirs. Occur in cases prescribed by law.

 Exclusive right

May be owned by a citizen or a legal entity, by one or more entities jointly.

This is the right to use objects of intellectual property in any form and in ways that do not contradict the law, including the ability to prohibit the use of all third parties without the consent of the copyright holder. The absence of a ban is not considered permission.

Operates within the terms established by the legislation.

On the territory of the Russian Federation, there are exclusive rights to intellectual property objects established by the Civil Code of the Russian Federation and international treaties:

"Agreement Concerning the International Registration of Marks", concluded in Madrid on 14.04.1891;

Paris "Convention for the Protection of Industrial Property" of 1883;

Stockholm "Convention Establishing the World Intellectual Property Organization" 1967;

"Agreement Concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks", Nice, 15.06.1957;

"Bern Convention for the Protection of Literary and Artistic Works" dated 09.09.1886;

"Convention for the Protection of the Interests of Producers of Phonograms against Illicit Reproduction of Their Phonograms", Geneva, 29.10.1971;

and others.

 Other rights - not included in the first two groups, for example, the right of access, following.

Intellectual rights do not depend on the right of ownership and other real rights to the material carrier (thing) in which they are expressed.

In the cases provided for by the Civil Code of the Russian Federation, the exclusive right to RIA or to a means of individualization, as well as its alienation, transfer, pledge, provision of use under an agreement, is subject to state registration. in the manner prescribed by the Government of the Russian Federation.

Legally significant actions for state registration of inventions, utility models, industrial designs, computer programs, databases, topologies of integrated circuits, trademarks and service marks, appellations of origin of goods, including the acceptance and examination of relevant applications, for the issuance of patents and certificates certifying exclusive the right of their owners to objects of intellectual property is exercised by the federal executive body (Rospatent).

With regard to selection achievements, the above functions are performed by Ministry of Agriculture of the Russian Federation.

Doing business with Rospatent can be carried out through patent attorneys - citizens of the Russian Federation who have passed accreditation and state registration.

Transfer of intellectual property

1. Alienation

The right holder may transfer the exclusive right belonging to him in full to another person under an agreement.

As a general rule, the acquirer will pay remuneration, which may be provided in the form of fixed one-time or periodic payments, percentage deductions from income (revenue) or in another form. If this obligation is violated, then the former right holder has the right to refuse to perform the contract and demand compensation for damages.

The transfer of an exclusive right under an agreement is subject to state registration, if such a requirement is established for the object in respect of which it is concluded.

The right to a computer program or a database may be registered with Rospatent. In this case, the transfer of the exclusive right to another person is subject to state registration.

2. Granting the right to use under a license agreement

Under a license agreement, the right holder (licensor) grants the other party (licensee) the right to use the intellectual property object within the prescribed limits and in certain ways.

A written form is established as a mandatory requirement, non-compliance with which entails its invalidity.

State registration is provided in cases where the right to RIA or a means of individualization is subject to registration.

The license agreement must specify the territory of use, otherwise the entire Russian Federation is considered to be such.

In the case when the term of its validity is not defined in the license agreement, as a general rule it is considered to be concluded for five years. In case of termination of the exclusive right, the license agreement is terminated.

The payment of remuneration is established as a general rule. It can be provided in the form of fixed one-time or periodic payments, percentage deductions from income (revenue) or in another form.

Essential conditions:

1) subject.

The object of intellectual property must be indicated, in appropriate cases - the number of the patent or certificate for it.

2) ways to use.

Important: The transfer of an exclusive right to another person is not a basis for changing or terminating a license agreement.

A simple (non-exclusive) license grants the right to use with the licensor retaining the right to issue licenses to others.

An exclusive license does not reserve the licensor's right to issue licenses to others. He also does not have the right to use the result of intellectual activity or means of individualization to the extent that the right to use is granted to the licensee.

3. Transfer of the exclusive right to other persons without an agreement

This refers to the grounds provided for by law - universal succession (inheritance, reorganization of a legal entity), as well as foreclosure on the property of the copyright holder.

Organizations exercising collective management of copyright and related rights

The exercise of copyright and related rights on an individual basis can be difficult. In any music program, for example, a very large number of works are used, how can a user conclude an agreement with each copyright holder? Given the current level of development of television and radio broadcasting, the number of entertainment programs, this becomes almost unrealistic.

In order to ensure that copyright holders can receive remuneration for the use of copyright and related rights, membership-based non-profit organizations are created, which are entrusted with the management of relevant rights on a collective basis.

The basis of authority is an agreement concluded by such an organization with the right holder, as well as an agreement (s) with another similar organization, including a foreign one.

Organizations managing rights on a collective basis have the right, on behalf of right holders or on their own behalf, to bring claims in court, as well as to perform other legal actions.

There is also an institution of state accreditation for carrying out activities in a certain area of collective management. An accredited organization has the right, along with the management of the rights of those right holders with whom it has concluded agreements, to manage the rights and collect remuneration for those right holders with whom it has not concluded such agreements.

Intellectual Property Protection

As a general rule, disputes related to the protection of violated or disputed intellectual rights are considered and resolved by the court.

The Court of Intellectual Property Rights is a specialized arbitration court considering, within its competence, cases on disputes related to the protection of intellectual property rights. Address: Ogorodny proezd, 5/2, Moscow.

At first instance, they consider:

Cases on challenging regulatory legal acts of federal executive authorities, including in the areas of: patent rights, rights to selection achievements, topology of integrated circuits, production secrets (know-how), means of individualization of legal entities, goods, works, services and enterprises, the right to use the results of intellectual activity as part of a single technology;

Disputes on the provision or termination of legal protection of the results of intellectual activity and equivalent means of individualization of legal entities, goods, works, services and enterprises (with the exception of objects of copyright and related rights, topologies of integrated circuits), including:

o on challenging non-normative legal acts, decisions and actions (inaction) of Rospatent, the federal executive body for selection achievements and their officials, as well as bodies authorized to consider applications for granting a patent for secret inventions;

o on challenging the decision of the federal antimonopoly body to recognize as unfair competition actions related to the acquisition of the exclusive right to means of individualization;

o on the establishment of the patent owner;

o on the invalidation of a patent, a decision on granting legal protection to a trademark, an appellation of origin of goods and on granting an exclusive right to such an appellation;

o on the early termination of the legal protection of a trademark due to its non-use.

These cases are considered by the Intellectual Property Court, regardless of whether the participants in legal relations are organizations, individual entrepreneurs or citizens.

A special form of intellectual property protection is the application administrative order, through consideration by the federal executive body for intellectual property and the Ministry of Agriculture (for breeding achievements) of issues related to the filing and consideration of applications for the grant of patents for inventions, utility models, industrial designs, breeding achievements, trademarks, service marks and appellations of origin of goods , with state registration of these results of intellectual activity and means of individualization, with the issuance of relevant title documents, with challenging the provision of these results and means of legal protection or with its termination. Decisions of these bodies come into force from the date of adoption. They can be challenged in court in the manner prescribed by law.

Rights holders, organizations for the collective management of rights on a collective basis, and other persons in the cases established by law may submit claims for the protection of intellectual property.

Methods of protection can be divided into general, the list of which is contained in Article 12 of the Civil Code of the Russian Federation, and special, provided for by part four of the Civil Code.

To protect personal non-property rights are used:

1. Recognition of the right

2. Restoration of the situation that existed before the violation of the right

3. Suppression of actions that violate the right or threaten to violate it

4. Compensation for non-pecuniary damage

5. Publication of the court decision on the committed violation.

6. Protecting the honor, dignity and business reputation of the author

Protection of exclusive rights to the results of intellectual activity and means of individualization is carried out both by general and special methods.

General requirements include:

1) on the recognition of the right - to a person who denies or otherwise does not recognize the right, thereby violating the interests of the right holder;

2) on the suppression of actions that violate the right or create a threat of its violation - to the person committing such actions or making the necessary preparations for them, as well as to other persons who can stop such actions;

3) on compensation for losses - to a person who illegally used the result of intellectual activity or a means of individualization without concluding an agreement with the right holder (non-contractual use) or otherwise violated his exclusive right and caused damage to him, including violating his right to remuneration;

As special methods of protection are used:

1) the possibility of collecting compensation instead of damages.

Compensation is subject to recovery when the fact of the offense is proven. At the same time, the right holder who applied for the protection of the right is exempted from proving the amount of losses caused to him. The amount of compensation is determined by the court within the limits established by the Civil Code of the Russian Federation, depending on the nature of the violation and other circumstances of the case, taking into account the requirements of reasonableness and fairness.

4) presentation of a demand for the withdrawal of a material carrier - to its manufacturer, importer, custodian, carrier, seller, other distributor, unscrupulous purchaser;

5) publication of a court decision on the violation committed, indicating the actual copyright holder.

6) liquidation by a court decision of a legal entity that repeatedly or grossly violates exclusive rights, at the request of the prosecutor, as well as termination of registration of a citizen as an individual entrepreneur.

It’s hard to find someone who hasn’t heard about copyright – large corporations often start lengthy lawsuits demanding compensation from infringers for the use of their trademarks by infringers, freelancers providing design or content development services for commercial sites are carefully vigilant that they rejected works were not published without payment. But the object of intellectual property rights is not only copyright. "What else?" - you ask. Let's talk about it in today's article!

Types of intellectual property objects: how to figure it out?

In view of the low legal literacy of the population, often incorrect stereotypes of understanding copyright and other results of intellectual activity have become entrenched in society.

A typical situation is when a company used part of a song by a well-known artist during a public corporate event, and on the second day lawyers from the copyright holders appeared in the office. Further, attempts to negotiate out of court begin, in the worst cases, litigation is started, lasting for several years.

So, let's see what belongs to the main objects of intellectual property (OIP), and what can be attributed to mythological folk tales.

Copyright. Vasya created the text for the commercial website of a company producing metal-plastic products. Vasya is the copyright holder and author of his article. The company, along with the text, bought from Vasya the exclusive right to use the result of his work (she can use it in any form), but Vasya remained a full-fledged author.
Rights related to copyright. Petya wrote a song, found a producer and quickly reached the top of radio charters with his hit. Petya's song began to be interpreted in folk art - at corporate parties, weddings, on regional television, in karaoke clubs they began to make phonograms from the song. Who are all these people? Legal owners of rights related to copyright, if they have entered into a license agreement with Petya. Otherwise, they are malicious violators of the provisions of the Civil Code of the Russian Federation on copyright.
Patent Law. Nikolai came up with additional safety equipment for car drivers. Nikolai registered his invention with Rospatent. Accordingly, he is the owner of the patent right. In the event that a car company decides to use the auto safety method in its industry, its representatives must first conclude an agreement with Nikolai.
Non-traditional objects of intellectual property. Such objects include all non-standard objects - discovery, selection achievement, topology of integrated circuits, rationalization proposal. The author of such developments can only be individuals, companies can become copyright holders if they have concluded an appropriate agreement with the author. Otherwise, everything works in the same way as with other intellectual property objects - in case of unauthorized use of developments, the interests of the copyright holder are defended through the courts.
Means of individualization of legal entities, goods, services and enterprises. Konstantin created his own company, which is engaged in the production and supply of chocolate products. Konstantin uses the company name and trademark to highlight his products. These are means of individualization of the Konstantinova company (commercial designations, names of places of origin of goods, service marks should also be included here).

The objects of intellectual property are copyright materials, developments, achievements that were created and registered in accordance with the norms of the Civil Code of the Russian Federation. Don't underestimate them! Each author has the right to go to court and demand compensation from the violator. And be sure that it will not be about 5,000 rubles, but about much larger amounts.