MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION
FEDERAL EDUCATION AGENCY
STATE EDUCATIONAL INSTITUTION OF HIGHER PROFESSIONAL EDUCATION
ALL-RUSSIAN CORRESPONDENCE
FINANCIAL AND ECONOMIC INSTITUTE
TEST
by discipline INNOVATIVE MANAGEMENT
on the topic OPTION No. 13
Student NOVIKOVA OLGA SERGEEVNA
Faculty of MANAGEMENT AND MARKETING
course 5 group 203533
credits book number 06ММД46162
Teacher BORISENKO YANA MIKHAILOVNA
(K.E.N., Associate Professor)
Chelyabinsk - 2010.
INTRODUCTION
1 THE DEFINITION OF INTELLECTUAL PROPERTY AND ITS TYPES
.1 Intellectual property concept
.2 Types of intellectual property
CONCLUSION
LIST OF USED LITERATURE
INTRODUCTION
The modern economy relies on the use of high technologies, which involve the use of certain objects of intellectual property. The results of intellectual creative activity occupy a special place among the objects of civil law and are traditionally divided into two main areas of rights: copyright and industrial property.
The commercialization of intellectual potential makes it possible to provide conditions for a highly profitable sector of the economy that uses renewable intellectual resources.
The use of intellectual property objects allows enterprises and organizations to produce goods and services with high consumer properties, thereby ensuring their competitiveness.
The purpose of the presented work is to reveal the essence of the concept of "intellectual property".
For this, the following tasks were identified:
define the meaning of the concept of intellectual property;
establish types of intellectual property.
The subject of research is objects of intellectual property.
The theoretical basis of the study was the works of domestic and foreign authors devoted to the history of the emergence and development of the concept of intellectual property, the classification of intellectual property objects into types, as well as the protection of the rights of the results of intellectual activity.
1. CONCEPT OF INTELLECTUAL PROPERTY AND ITS TYPES
.1 Concept of Intellectual Property
The origin of the term "intellectual property" itself is usually associated with French law of the late 18th century, which is largely fair. Indeed, the tradition of a proprietary approach to copyright and patent law was not only born in France, but also based on the theory of natural law, which received its most consistent development precisely in the works of French philosophers-enlighteners (Voltaire, Diderot, Holbach, Helvetius, Rousseau ).
So, in the introductory part of the French patent law of January 7, 1791, it was said that "any new idea, the proclamation and implementation of which may be beneficial to society belongs to the person who created it, and it would be a limitation of human rights not to consider a new industrial invention as the property of its creator. ”The logical consequence of this approach was the consolidation of the concepts of literary and industrial property in French law. For the sake of fairness, it should be noted, however, that even earlier the idea of copyright as "the most sacred form of property" was embodied in the laws of some states of the United States. a person more than that which is the result of his mental labor. ”Similar constructions were also enshrined in the legislation of Saxony, Prussia, Denmark, Norway and a number of other countries.
The term "intellectual property" is widely used in legislation, scientific literature and practice in many countries. In 1967 in Stockholm, the Convention establishing the World Intellectual Property Organization (WIPO) was signed, according to which the objects of protection are the rights related to specific results of creative activity in the industrial, scientific and artistic fields.
The definition of the concept of "intellectual property" for the first time in Russian legislation is given in Article 138 of the Civil Code of the Russian Federation (1994) as a generalizing concept of the results of intellectual (creative) activity and the means of individualization equated to them legal entity, products, works or services performed (company name, trademark, service mark, etc.).
Intellectual property is the exclusive right to use the result of intellectual creative activity in the form of a substantive reproduction of an invention made or in the form of copies of a work of art made in any form that allows later to restore these works.
The rightholder acquires "exclusive" and not proprietary rights to objects of intellectual property. Property rights (including property rights) arise on the material carriers of a creative work, and not on its content.
The use of the rights of ownership of an object of intellectual property means, first of all, obtaining real or patent income from its copying (repetition, reproduction). Due to the reproduction of a technical or artistic solution and the subsequent sale of products, a source of income is formed that has clear signs of a monopoly. The right to intellectual property is the monopoly right of its owner. The whole point of exclusive property rights to intellectual property is to monopolize potential profits.
The Convention Establishing the World Intellectual Property Organization (WIPO) classifies the results of intellectual activity into the following types of objects of intellectual property rights with different legal regimes:
literary, artistic works and scientific works, computer programs, databases, topology of integrated circuits (protected by copyright);
performing activities of artists, phonograms and radio broadcasts (protected by copyright-related rights);
inventions, utility models, industrial designs, trademarks, service marks, trade names, commercial names and designations, as well as the suppression of unfair competition (protected by patent law and industrial property law).
All these objects have common features: they are the result of creative (mental, intellectual) activity; are a set of property and non-property rights; are used for a long period of time; can serve as a source of income.
At the same time, there are significant differences between them. These objects have a different legal regime. One part of the objects ("industrial property" and the means of individualization of a legal entity) is regulated by patent law, the other (works of science, literature and art, etc.) - by copyright. The difference is that copyright is aimed at protecting the form of an object (work), while patent law protects the content of a work. To protect an invention, utility models, industrial designs, trade names, trademarks, service marks, their registration is required according to a specific procedure in the relevant authorities, and no registration is required for copyright objects. The author only needs to express his work in any objective form that allows reproducing the specified object. Hence follows the second difference: the list of objects protected by patent law is exhaustive, and the list of objects of copyright is approximate and can be expanded by creating new works.
1.2 Types of intellectual property
.2.1 Works of science, literature and art
1.2.1.1 Literary works
In Russian legislation, this term means any work in which the expression of thoughts, feelings and images is carried out by means of a word in an original composition and by means of an original presentation. In this sense, a literary work includes not only literary and artistic, but also scientific, educational, journalistic and other works. In this case, the literary work itself can be in oral, written or other objective form, allowing for the possibility of its perception by third parties. It can be either recorded on paper, film, gramophone record, CD or other material medium, or expressed orally, in particular, publicly pronounced or performed.
a) Speeches, lectures, reports and other oral presentations
b) Letters, diaries, personal notes
c) Interviews, discussions, letters to the editor
d) Translations
e) Computer programs
1.2.1.2 Dramatic works
Dramatic works in all their genre varieties, methods of stage embodiment and forms of objective expression are recognized as objects of intellectual property. The allocation of dramatic works into a special type of works protected by law is due to their inherent specificity artistic means and the form of use. In particular, the text of dramatic works, unlike other types of literary works, consists of dialogues and monologues of characters, and the work itself is intended mainly for performance on stage, i.e. public performance.
1.2.1.3 Musical works
A work in which artistic images are expressed with the help of sounds is recognized as musical. Sound as the basis of musical imagery and expressiveness is devoid of semantic concreteness of the word and does not reproduce fixed, visible pictures of the world, as in painting. At the same time, it is organized in a specific way and has an intonational nature. Intonation makes music a sounding art, as if absorbing centuries of speech experience. Musical works can be perceived both directly by ear during their performance, and with the help of appropriate technical means.
1.2.1.4 Screenplays
Among the objects of intellectual property, there are scenarios for staging films, ballet performances, mass performances, etc. The scenarios themselves differ depending on the type of works being staged.
In addition, regardless of the genre, form and stylistic features, the script must meet production and economic requirements, in particular in cinematography, theater, and mass shows. The script, regardless of whether it is original or created as a result of processing someone else's narrative or dramatic work, is considered an object of intellectual property.
1.2.1.5 Audiovisual works
Audiovisual works cover a wide range of film, television and video works that are designed for simultaneous auditory and spectator perception by the audience. This includes, first of all, film, television, and video films (fiction, documentary, popular science cartoons, etc.), volume (full-length, short, multi-part), performances (sound, silent, black-and-white, color , widescreen, etc.), slide films, filmstrips, other film and television works. Almost all audiovisual works are organic different types arts into a single artistic whole, irreducible to the sum of its constituent components. At the same time, some components of the film, such as the script, including the director's, music, photographic images (frames), sketches, drawings, layouts of scenery, costumes, props, etc., can exist and be used separately from the films and are important independent objects of intellectual property.
1.2.1.6 Works of fine and decorative art
These include works of painting, sculpture, graphics, design, comics, graphic stories, works of monumental art, arts and crafts. The most important feature works of fine art is their close inextricable connection with the material carriers in which they are embodied. The latter often exist in a single copy, and therefore it is especially important for them to distinguish between the ownership of a painting or sculpture as a thing and copyright for the work itself.
a) Copies of works of fine art
Making copies of such works is allowed only with the consent of the author or his successors, and in some cases with the consent of the owner, for example, a museum institution. Works of visual art, such as sculpture in a public place that have expired, may be copied without permission.
The objects of arts and crafts solve both practical and artistic tasks. They can be unique, in fact unrepeatable, but most of them are replicated in large quantities. Works of arts and crafts intended for industrial use must be accepted and evaluated by art councils established in the factories.
1.2.2 Inventions, Utility Models, Industrial Designs
.2.2.1 Inventions
They are a device, a method, a substance, a strain of a microorganism, a cell culture of plants and animals, as well as the use of a known device, a method, a substance for a new purpose. Devices include structures and products (machines, devices, mechanisms, tools, vehicles, structures, equipment, etc.).
1.2.2.2 Utility Models
Useful models are new and industrially applicable solutions related to the design of means of production and consumer goods, as well as their component parts. The term "utility model" usually encompasses such technical innovations that, although they resemble inventions, are less significant in terms of their contribution to the prior art.
1.2.2.3 Industrial designs
An industrial design is an artistic and constructive solution of a product that determines its appearance. An industrial design is an intangible good, the result of creative mental activity, which can be embodied in specific material objects.
1.2.3 Brand names, trademarks, service marks, appellation of origin of goods (means of individualization)
1.2.3.1 Brand names
The term "firm" most often means the name by which an entrepreneur appears in society and which individualizes this person among others. The firm name must contain a relevant indication of the organizational and legal form of the enterprise (LLC, OJSC, CJSC, etc.), its type (state, municipal, private), activity profile (production, scientific, commercial). The legal provision on the company prohibits the inclusion of signs in the company name that could mislead consumers.
1.2.3.2 Trademark
It is defined as a designation that can distinguish the goods of some legal entities or individuals from similar goods of others. A trademark is a conventional designation, a kind of symbol that is placed on the manufactured product, its packaging or accompanying documentation, and replaces the long and complex name (name) of the manufacturer of the product.
In the form of their expression, trademarks can be verbal, pictorial, three-dimensional, combined and others. In addition to the listed types of trademarks, other designations of goods and services, in particular sound, light, olfactory and other designations, are allowed for registration.
1.2.3.3 Service mark
A service mark is a designation that can distinguish the services of some legal entities or individuals from similar services of others. In other words, a designation can be recognized as a service mark if it bears the character of a symbol, is new and registered.
1.2.3.4 Names of origin of goods
The name of the place of origin of a product is the name of a country, settlement, locality or other geographical object used to designate a product, the special properties of which are determined by natural conditions or human factors characteristic of a given geographical object, or both at the same time. The designations of goods in this case should contain a direct or indirect indication that the goods originate from a specific country, region or locality. Specific properties that a consumer can rightly expect from a product, indicated by its link to a certain geographic object, must be stable, stable and well-known. As a rule, they are determined by the special natural conditions of the geographic environment and / or the professional experience and traditions of production of the manufacturers of goods living in the area.
1.2.4 Opening
Discovery usually means the discovery of something that objectively exists but was not previously known. In other words, this concept is closely related to the field of knowledge and can express, on the one hand, the process of scientific knowledge, and on the other hand, its result.
1.2.5 Trade secrets
A trade secret is information that has actual or potential commercial value due to its unknown to third parties, to which there is no free access on a legal basis and in relation to which the owner of the information takes measures to protect its confidentiality. A trade secret is based on the actual monopoly of a certain person on a certain body of knowledge. Under the concept of a trade secret, information related to production, technological information, management, finance and other activities of an enterprise can be summarized.
1.2.6 Integrated Circuit Topology
The topology of an integrated microcircuit is a spatial-geometric arrangement of a set of elements and connections between them fixed on a material carrier. The material carrier is a crystal of an integrated microcircuit.
1.2.7 Breeding Achievements
Selection is the evolution of plants and animals, guided by the will of man. Unlike inventors, who mainly deal with objects of inanimate nature, breeders work with natural systems... The result of the activity of breeders is the solution of a specific practical problem, which consists in breeding a new plant variety or animal breed with the qualities necessary for a person.
1.2.8 Trade secrets (know-how)
Defined as technical knowledge and practical experience of a technical, managerial, financial and other nature that are of commercial value, applicable in production and in professional practice and are not provided with legal protection (protection of the rights of the owner of the know-how is carried out by means of civil law). As an object of industrial property, know-how has no clear boundaries and does not require state registration. It can exist in tangible and intangible form.
2. OBJECTIVE
Condition: The company is considering the feasibility of purchasing a new processing line. There are two models of the offered line on the market with the following parameters.
Indicator Model 1 Model 21. Price, USD 9500130002. Generated annual income, $ 210022503. Service life, years 8124. Liquidation value, USD 5008005. Required rate of return,% 1111 intellectual property investment cost Justify the feasibility of investing in model 2 using the method of net present value (net present value). Net present value (net present value - NPV or NPV) is the sum of the discounted values of the flow of payments, adjusted to the present day. The NPV indicator is the difference between all cash inflows and outflows, reduced to the current point in time (the moment when the investment project is evaluated). It shows the amount of cash that the investor expects to receive from the project after the cash inflows have recouped their initial investment costs and the recurring cash outflows associated with the project. It can also be interpreted as the total return for the investor. There are several formulas for finding the NPV, we will use the following [# "justify"> n n = Σ D / (1 + E) i - Σ Z / (1 + E) i , = 1 i = 1 where NPV is the net present value, D - income, Z - costs, n - number of periods, i - step of the billing period, E - the value of the return on investment (may be equal to the bank%, but in a more general case - the return on investment). ) Let's calculate the value of the NPV indicator for the first model. 1=2100/(1+0,11) + 2100/(1+0,11)2 + 2100/(1+0,11)3 + 2100/(1+0,11)4 + 2100/(1+0,11)5 + 2100/(1+0,11)6 + 2100/(1+0,11)7 + 2100/(1+0,11)8 - 9500/(1+0,11) - 500/(1+0,11)8 = 2100/1,11 + 2100/1,232 + 2100/1,367 + 2100/1,517 + 2100/1,684 + 2100/1,869 + 2100/2,074 + 2100/2,302 - 9500/1,11 - 500/2,302 = 1891,892 + 1704,545 + 1536,210 + 1384,311 + 1247,030 + 1123,595 + 1012,536 + 912,250 - 8558,558 - 217,202 = 2036,609.
) Let's calculate the value of the NPV indicator for the second model. 2=2250/(1+0,11) + 2250/(1+0,11)2 + 2250/(1+0,11)3 + 2250/(1+0,11)4 + 2250/(1+0,11)5 + 2250/(1+0,11)6 + 2250/(1+0,11)7 + 2250/(1+0,11)8 + 2250/(1+0,11)9 + 2250/(1+0,11)10 + 2250/(1+0,11)11 + 2250/(1+0,11)12- 13000/(1+0,11) - 800/(1+0,11)12=2250/1,232 + 2250/1,367 + 2250/1,517 + 2250/1,684 + 2250/1,869 + 2250/2,074 + 2250/2,302 + 2250/2,555 + 2250/2,836 + 2250/3,148 + 2250/3,494 - 13000/1,11 - 800/3,494 = 2027,027 + 1826,298 + 1645,940 + 1483,190 + 1336,104 + 1203,852 + 1084,860 + 977,410 + 880,626 + 793,370 + 714,739 + 643,961 - 11711,711 - 228,964 = 2676,702.
Since in both cases NPV is greater than zero, this means that it would be profitable to invest in projects, and since the NPV value of the second model is higher, therefore, investments in the second case will be more expedient. CONCLUSION
So, intellectual property is a collective concept used to designate rights to: the results of intellectual (creative) activity in the field of literature, art, science and technology, as well as in other areas of creativity; means of individualization of participants in civil circulation, goods or services; protection from unfair competition. The concept of intellectual property is most fully disclosed in paragraph VIII of Art. 2 of the Convention Establishing the World Intellectual Property Organization, dated July 14, 1967. It states that intellectual property includes rights related to: literary, artistic and scientific works; performing activities of artists, sound recording, 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 property in the industrial, scientific, literary and artistic fields. The perception of an intellectual product as a category of property, the introduction of its special designation in world practice as industrial property, an understanding of the need for its protection and protection became a significant step in the development of society, made it possible to legislatively regulate legal relations associated with the creation, legal protection and use of intellectual products. Most often, intellectual property rights are not transferred individually, but in combination with other rights or services that collectively provide a monopoly on the production of a new product or on the use of new technology, otherwise they are transferred as part of a portfolio of intellectual property rights. In addition, intellectual property rights, or a portfolio of rights, are often transferred with a legal entity. However, other and inalienable intellectual property rights may also be transferred, such as the right to use an appellation of origin. The important thing here is that the value of the portfolio of rights or the business as a whole may be higher or lower than the value of individual rights included in this portfolio. Summarizing what has been said, it can be noted that both modern Russian legislation and international agreements mean by intellectual property a set of exclusive rights of both personal and property nature to the results of intellectual and, first of all, creative activities, as well as to some other objects equated to them. , a specific list of which is established by the legislation of the respective country, taking into account its international obligations. The results of intellectual activity, which are united in the general concept of intellectual property, occupy an increasing place in the modern market. Their circulation is subject to the general rules of the market, but the nature of rights and obligations, the means of their implementation and protection have their own characteristics. "Intellectual capital" is becoming more and more important in the modern economy: more than 50 percent of the GNP of developed countries is associated with the processing of information resources. LIST OF USED LITERATURE
1. Gerchikova I.N. International business: Textbook for universities. - M: Prospect, 2008. Civil law. Part 1. Edition 9, rev. and add. / Ed. A.P. Sergeeva, Yu.K. Tolstoy. M: Prospect, 1999. Innovation management: Textbook / Ed. prof. V.A. Shvandara, prof. V.Ya. Gorfinkel. - M .: University textbook, 2004. Kozyrev A.N. "Intellectual Property Assessment" - M .: Expert Bureau, 2007. Karpova N.N. "Legal protection and commercial implementation of intellectual property". - Kiev: Professional, 2006. A.P. Sergeev Intellectual property rights in Russian Federation/ Textbook - M .: TK Welby, Prospect, 2003. Bogsh A. Berne Convention in Russia (History of Copyright in Russia) // International Affairs. 1995, no. 10. Belov V., Denisov G. From the world experience in the protection of intellectual property // Russian economic journal. 2007, no. 3. Keizerov N. Spiritual property as a complex problem // Social sciences and modernity. 2002, No. 4. Usoltseva S. Teaching in universities and intellectual property // Intellectual property. 2006. No. 1-2.
Since January 1, 2008, part four of the Civil Code, devoted to intellectual property, has come into force.
The Civil Code of the Russian Federation provides for the results of intellectual activity and the means of individualization equated to them as one of the types of objects of civil rights (see Articles 2, 128, 1225 of the Civil Code).
Introducing the concept of intellectual property into civil circulation, the Civil Code of the Russian Federation adopted the international legal doctrine and the doctrine of developed capitalist states. In 1967, Stockholm adopted a convention “On the establishment of the World Intellectual Property Organization” (WIPO), to which Russia is also a party.
The concept of intellectual property consists of the following features:
1. The presence of a special object, which is the creation of the human mind (intellect).
2. The result of creativity is protected, which, as a rule, can be presented on a material medium or must have an objective form of expression.
3. Possesses the property of reproducibility;
4. The exclusivity of the right to the results of creative activity - it is protected against anyone and everyone (an absolute right).
In accordance with the Stockholm Convention on WIPO and the Fourth
part of the Civil Code types of intellectual property are highlighted:
Patent Law (protects the rights to inventions, utility models and industrial designs);
Rights to means of individualization of participants in civil turnover (company name, trademark, service mark and appellation of origin of goods, commercial designation).
The objects of intellectual property are also the topology of integrated circuits and selection achievements, production secrets (know-how).
It is impossible not to note the conventionality of the concept of "intellectual property".
The Russian legal tradition equates the concept of property with property rights.
Intellectual property combines with traditional property ownership of their absolute nature, which has determined the choice of the terminology "property" in relation to the results of creative activity.
For the rest, intellectual property is fundamentally different from real property:
Its object is not a thing, but information (that is, an intangible good);
These objects are not consumed during use;
Unlike property rights, authors' rights are limited in time and space;
The right to a creative result is inextricably linked with the personality of the creator (as opposed to property);
They are inherent in other (in comparison with property) legal means of protection.
The rights to the results of creative activity are rights of a "special kind" (sui generis), which are outside the framework of the classical division of civil rights into property (property), obligation, and personal. They have a dual nature (a combination of specific personal rights and property rights).
Definition. Copyright is an institution of civil law that regulates relations associated with the creative activity of a person to create intellectual works in the field of literature, art and science.
What are the signs of creative activity, creativity:
1. Creation new, those. previously non-existent.
2. Creating a new one as a result human activity, and not a natural product of nature, for it is not only man that creates (creates), but also nature.
3. Creation by a person of a new thing in the spiritual sphere, as a result of intellectual efforts, and not of any creative activity of a person, for a person creates a new one as a result of physical labor in the material sphere.
4.Spiritual activity of a person should be producing, that is, productive, primary - creating something new for the first time, the likes of which have never existed before. Reproductive (reproductive) activity does not apply to creative activity in the sense of the subject of copyright (for example, a reprint of a manuscript, a copy of a painting, etc.)
5. Spiritual productive activity must end the result- the creation of a new work that has an external expression.
6.Communication- the possibility of bringing its results to a wide and indefinite circle of people. Copyright concerns special forms of creativity that are distributed by means of mass communication: printed publications, computer systems for storing and using information, etc.
7. The subject of copyright includes the relations governing creative production activities in the field of literature, art and science, and does not include relationships associated with technical solutions (inventions, etc.)
8. The results of spiritual creativity in the field of copyright do not require official recognition.
Creative activity (creativity) cannot be the subject of legal regulation, because the law is not capable of directly influencing the process of creativity itself, which is a special subjective internal spiritual intellectual activity of a person.
Relationships associated with creative activity are relationships about its results:
Establishment of a legal regime for the results of creativity, i.e. use, distribution of works;
Remuneration issues.
However, the norms of international law have priority. Our country is a party to international conventions: since 1973 - the Geneva Universal Copyright Convention; since 1995 - the Berne Convention for the Protection of Literary and Artistic Works.
First sign. The piece must be creative, those. should be the result of creative activity. Creativity is an intellectual process aimed at creating something new.
The creative nature of a work means that it is new compared to previously known works.
The novelty can be expressed both in the new content and in the new form of the work. The use of previously known content or themes does not in itself exclude novelty. There are many such examples in the history of literature and art. The great Shakespeare took themes for a number of his tragedies from the works of ancient authors. From the story of the famous lawyer A.F. Koni, about a juror who recognized the defendant as a girl deceived by him in his youth, a novel by L.N. Tolstoy "Sunday". Tolstoy himself L.N. He called this novel "Konev's story". The drama "Living Corpse" was created by L.N. Tolstoy. based on the materials of the court case. In these cases, we have a new form of the work with the previously known content.
Creativity must be embodied in some kind of objective, i.e. material form, to be available for perception by other people, their senses.
Forms of expression of the work: written, oral, performance, image (drawing, painting, film, etc.), three-dimensional (sculpture, model, etc.).
The dignity and purpose of the work, the way of its expression do not matter.
A creative work becomes an object of copyright from the moment of its creation (expression in an objective form).
Exceptions.
Are not objects of copyright: official documents (laws, court decisions, etc.), state symbols and signs (flags, orders, etc.); works of folk art; reports of facts and events of an informational nature (Article 1259 of the Civil Code).
1) works of the author of a country that is not a party to the Universal Copyright Convention and has not entered into an agreement on copyright with Russia, if these works are made public outside the territory of Russia. But a work is considered to be made public by publication in the Russian Federation if, within thirty days after the date of the first publication outside the territory of the Russian Federation, it was published on the territory of the Russian Federation; 2) works of the author of a country participating in the Convention, but published abroad before May 27, 1973 - the day of the USSR's accession to the Convention or before the date of this country's accession to the Convention.
Original - a) these are works, in the creation of which other works were not used; b) Works in which the form is original and the content (or part of it) is borrowed from other works are also original.
2) Derivatives are works that represent the processing of another work or its translation. In this case, certain rules must be observed: a reference to the used work, and if the derivative work is dependent (that is, it uses another copyrighted work), it is required to obtain the consent of the author of the works used in it.
2. The state of legal capacity does not matter. Authors can be minors or incompetent.
3. Citizens of the Russian Federation are recognized as authors regardless of the location of the work.
Foreign citizens are also recognized as copyright holders in Russia. However, it matters whether the work is in any objective form on the territory of Russia. If this is not the case, i.e. the author's work is located on the territory of another state, the authorship of a foreign citizen is recognized in Russia only if there is an international treaty with this state or if it joins the general convention in which Russia is a member.
4. The official recognition does not matter, and the publication of the work does not matter. The creator of a work is recognized as the author from the moment the work is created.
5. The dignity of the work, its value does not matter.
6. The author owns all copyrights. In addition, there is a special copyright that can only belong to the author: this is the right of authorship, the right to an author's name, the right of revocation, the right of access to works of fine art.
Necessary conditions for co-authorship: 1) joint participation in the creation of a work of two or more persons; 2) the creative nature of the participation of each and 3) the agreement between them (the expression of the will of each to co-authors, regardless of the form). Compulsory co-authorship, including posthumous one, is inadmissible.
In case of divisibility, there may be disposal of the common work (with the consent of all co-authors), as well as disposal of each co-author of the part created by him. An example is a tutorial created by several authors.
With indivisible co-authorship, the work forms an inseparable whole, authorship is joint, since the parts are not distinguishable - only joint disposal of the entire work is possible. An example of the indivisible co-authorship of the book by Ilf and Petrov "The Golden Calf", "Twelve Chairs".
Derivative entity types.
2. Users- these are other assignees of individual copyrights, i.e. receiving them under contracts: publishing houses, theaters and other entertainment organizations, producers of audiovisual works (film studios, television studios). They publish, distribute the work. (Art. 1285-1290 of the Civil Code).
3. Employers- are the subjects of separate copyright of use for service works, i.e. created on the instructions of the employer and falling within the scope of the author's job duties (article 1295 of the Civil Code).
4. Russian Federation, constituent entities of the Russian Federation, municipalities- in the cases specified in Art. 1298 of the Civil Code of the Russian Federation.
They are characterized by the following features:
1. Personal rights have no material (economic content).
2. Absolute character (protected from any person).
3. Inalienability (cannot be transferred to other persons and cannot be transferred to other persons by virtue of the law), as a rule.
5. Perpetuity of basic personal rights: copyright, copyright.
- Copyright... This is the right of a citizen to be recognized by the author of a work. It arises from the very fact of the creation of a work; no special design or compliance with any formalities is required. This right is indefinite (Article 1265 of the Civil Code).
When publishing an anonymous work or a work under a pseudonym, the publisher is the representative of the author's interests (Article 1265 of the Civil Code).
- Right to immunity works includes ensuring the inviolability of the work, preventing its distortion and changes (Art. 1266 of the Civil Code).
- The right to disclose- this is the right to the primary release of a work to the public, bringing it to the public, making it public - i.e. the commission of an action that for the first time makes the work available to the general public (Article 1268 of the Civil Code). This initial publication can be carried out in various ways: through publication, public display, public performance, broadcast or otherwise.
II. Exceptional, i.e. property rights of authors (Articles 1229, 1270 of the Civil Code).
1. Reproduction rights... This is the right to make one or more copies of works in any material form.
2. Distribution rights... This is the right to put copies of a work into civil circulation, alienation of the original or copies.
3. The right to import the original or copies for distribution purposes.
4. Right to public display.
5. Right to Public Performance.
6. The right to broadcast, i. E. the right to radio and television broadcasting.
7. The right to communicate the work to the public by cable.
8. Right to Translation.
9. The right to other processing (processing, film adaptation, etc.).
10. The right to implement an architectural, design project.
11. The right to be communicated to the public (online access).
All these rights can be exercised by other persons only with the consent of the author. Otherwise, their actions are qualified as a violation of the author's rights. If a lawfully published work was introduced into civil circulation through its sale or other alienation, further distribution is allowed without the consent of the author and payment of a fee.
Exceptions. In some cases specified in the law, it is allowed free use works (i.e. without the author's consent), but with the obligatory indication of the author and source (for example, citation) and without payment of remuneration to the author (Articles 1273 - 1280).
Property right is also the right to remuneration (royalties), the amount of which is determined by the contract, and the law sets only its minimum amount.
2. Access right to a work of fine art. It establishes the right of those authors of works of fine art who are not the owners of the originals of their works. This right consists in the fact that the author can demand that he be admitted to the original of his work in order to make copies from it (reproduce). The right of access ceases at the time of the death of the author.
3. The right of succession (Article 1293 of the Civil Code). - it is the author's right to receive a percentage of the resale price from the seller of a work of fine art (in case of alienation by the author of the original of a work of fine art - for each resale of the original, in which a gallery, art salon, store or other similar organization participates as a seller, buyer or intermediary) ).
Introduction.
One of the main indicators of the civilization of society at all times has been and continues to be the development of science, culture and technology. Ultimately, the success of solving the economic problems facing it depends on how significant the intellectual potential of a society and the level of its cultural development are. In turn, science, culture and technology can develop dynamically only if there are appropriate conditions, including the necessary legal prerequisites. Among them, of course, should be attributed to the legislative consolidation of such normative rules that are adequate to the emerging commodity-money relations in society.
The results of intellectual creative activity occupy a special place among the objects of civil law and are traditionally divided into two main areas of rights: copyright and industrial property.
The objects of industrial property are used by the society to improve equipment and technology, modernize production.
In Russia, by now, the reform of the legislation on the protection of intellectual property has been largely completed. 1992-1993 in the Russian Federation, a block of laws on the protection of intellectual property was adopted, including the Patent Law of the Russian Federation of September 23, 1992, the Law of the Russian Federation "On Trademarks, Service Marks and Appellations of Origin of Goods" of September 23, 1992, the Law of the Russian Federation "On legal protection of programs for electronic computers and databases "of September 23, 1992, the RF Law" On Copyright and Related Rights "of July 9, 1993, the RF Law" On Breeding Achievements "of August 6, 1993 Provisions These laws were developed in a number of by-laws adopted by the President of the Russian Federation, the Government of the Russian Federation, the Patent Office of the Russian Federation and some other government bodies. The complete creation of the legislative framework will be completed when laws on official developments, on the procedure for registering and using company names are adopted, questions about the legal regime of discoveries and rationalization proposals are finally settled, and some by-laws are adopted on certain aspects of copyright, patent and other relations. ...
By now, the creation of a unified state patent service, headed by the Patent Office of the Russian Federation, has basically been completed. In this regard, Russia, of course, found itself in a much better position compared to other former republics of the Soviet Union, since all the main Union patent bodies and funds were concentrated in Moscow and it was on their basis that the Russian patent service was created. In a short period of time, an institute of patent attorneys emerged in the Russian Federation, which continues to develop actively now. The most urgent problem in the area under consideration is the creation of the Supreme Patent Chamber or another body independent of the Patent Office, designed to resolve many important patent issues and disputes that are specified in the Patent Law of the Russian Federation.
Chapter 1. Concept and system of intellectual property.
Legal protection of exclusive rights is one of the youngest and most rapidly developing branches of civil law, since objects of intellectual property occupy an increasingly prominent place in economic and other social relations.
Exclusive rights (intellectual property) are a fundamentally different group of rights than property rights, which in relation to intangible objects perform functions similar to the functions of property rights for tangible objects.
Rights related to literary, artistic and scientific works (copyright) are recognized as exclusive; performing activities of artists, sound recordings, radio and television broadcasts (related rights); inventions, utility models and industrial designs (patent rights); breeding achievements; topologies of integrated circuits; trademarks, service marks, company names, commercial designations and appellations of origin of goods (rights to means of individualization of a legal entity, goods, works and services), as well as production secrets (know-how).
There are various classifications of types of intellectual property. The oldest and most traditional classification divides intellectual property into copyright and industrial property.
The current Civil Code divides objects of exclusive rights to the results of intellectual activity (objects of copyright and related rights, patent law, selection achievements, topology of integrated circuits, etc.) and into means of individualization of a legal entity, goods, works or services (brand names, trademarks, names places of origin of goods).
Exclusive rights to the results of intellectual activity and means of individualization have common properties. First of all, rights of this kind can arise only if there is a direct indication of the law. Therefore, the list of types of objects of exclusive rights contained in the law should be considered as exhaustive, although not closed. Each new protected type of objects of exclusive rights must be named in the law.
The second distinguishing feature of exclusive rights is that they represent a special branch of absolute rights. An exclusive right is characterized by the fact that it arises from the rightholder regardless of the will of third parties and that such a right corresponds to the obligation of all those around him to refrain from actions that could violate this right.
However, exclusive rights have some features that weaken their absolute character. So, a characteristic feature of an exclusive right is its limited duration. Unlike material things, the results of intellectual activity and means of individualization are not depreciated during use. To achieve a reasonable balance between the interests of rightholders and society, the law in most cases establishes a certain period of protection of exclusive rights, after which such objects can be freely used by everyone.
Another feature is the territorial nature of the exclusive right. Objects of exclusive rights, unlike material objects, are not tied to a specific location, including the location of their material carriers (for example, books or videotapes). Their protection in each country is independent, and on the territory of other countries is provided with the help of international agreements. In addition, as a rule, restrictions are imposed on the exclusive right, providing for the free use of the objects of such right in certain cases and within the interests of society as a whole or its individual groups.
The exclusive right by its content is a property right. It is transferable, alienable, easily separated from the personality of the author or other copyright holder.
The rightholder can dispose of the exclusive right belonging to him in any way, including by transferring it under an agreement to another person (agreement on the assignment of exclusive rights) or by granting another person the right to use the corresponding result of intellectual activity or means of individualization within the limits established by the agreement (license agreement). General provisions on obligations (Art. 307-419 of the Civil Code) and on the contract (Art. 420-453 of the Civil Code) apply to such contracts, since otherwise is not established in the law and does not follow from the content and nature of the exclusive right.
Inheritance of exclusive rights is carried out mainly according to the general rules established in Sec. V GK ("Inheritance law"). The specificity boils down to the fact that exclusive rights are inherited only for a certain period, and at the end of this period, the results of intellectual activity and means of individualization become public domain. Personal moral rights of authors are not inherited; heirs can only exercise their protection. These rights are protected indefinitely. Protection of exclusive rights is carried out in the ways provided for in Art. 11-16 of the Civil Code (to the extent that these methods are applicable to exclusive rights and do not contradict the essence of exclusive rights), as well as in the laws governing certain types of exclusive rights.
Copyright regulates relations arising in connection with the creation and use of the results of intellectual activity - works of science, literature and art. It is necessary to distinguish between the works themselves, which have an intangible essence, and the material form in which they are embodied (manuscript, image). Copyright protection extends to a work as an intangible benefit and does not depend on the rights to the material medium in which this work is expressed.
Copyright extends to works of science, literature and art that are the result of creative activity, regardless of the purpose and merit of the work, as well as the way of its expression. Such works include: literary works, including computer programs; dramatic and musical-dramatic, script works; choreographic works and pantomimes; musical works with or without text; cinema, television, video films, etc .; works of architecture, urban planning and gardening art; photographic works; geographical, geological and other maps, etc.
Copyright arises from the very fact that a work is created. The emergence, exercise and protection of copyright does not require compliance with any formalities, such as registration of a work.
1) official documents (laws, court decisions, other texts of a legislative, administrative and judicial nature) and their official translations;
2) state symbols and signs (flags, emblems, orders, banknotes, etc.);
3) works of folk art;
4) messages about events and facts of an informational nature (Art. 8 of the Copyright Law).
Objects of copyright are derivative works (translations, processing, staging, arrangements, etc.), which are processing of other works of science, literature and art, as well as various composite works that are the result of creative work in the selection or arrangement of materials (p. 3 article 7 of the Copyright Law). Such works are protected by copyright, regardless of whether the works on which they are based or which they include are subject to copyright.
A work can be created by the joint creative work of two or more persons, i.e. co-authored. Such persons are recognized as co-authors regardless of whether the work created by them forms one inseparable whole or consists of parts, each of which has an independent meaning (Article 10 of the Copyright Law). Co-authorship takes place only if the activity of the persons participating in the creation of the work is creative. Persons who have provided only technical, organizational, material or similar assistance to the author are not recognized as co-authors.
The co-authors have joint rights to the work they have created. The question of the use of a work created in co-authorship should be decided by the authors on the basis of unanimity. If no agreement is reached between them, the dispute is referred to the court. Co-authors have the right to conclude an agreement in which they can, for example, entrust the exercise of copyright to one of the authors or a third party, as well as agree on the procedure for distributing royalties, designating the names of co-authors when using the work, etc.
In modern international private law, objects of copyright and patent law have begun to be combined into one general group, which has received the name "intellectual property". This is related to the conclusion of the 1967 Stockholm Convention establishing the World Intellectual Property Organization (WIPO). According to Art. 2 of the Convention intellectual property includes rights related to literary, artistic and scientific works; performing activities of artists, sound recording, radio and television broadcasts; inventions in all areas of human activity, scientific discoveries; industrial designs; trademarks, service marks, company names, commercial designations; protection against unfair competition, as well as all other rights related to intellectual activity in industrial, scientific, literary and artistic fields.
Thus, list of objects, referred to in the Convention is not exhaustive. The term “intellectual property” was later applied in the domestic legislation of Russia, which is a member of this authoritative international organization, primarily in the Constitution of the Russian Federation (Articles 44, 71) and in the Civil Code of the Russian Federation (part one). In Art. 44 of the Constitution of the Russian Federation states that intellectual property is protected by law. According to clause "on" Art. 71 of the Constitution, the exclusive competence of the Russian Federation includes the legal regulation of intellectual property.
Article 138 of the Civil Code of the Russian Federation ("Intellectual Property") recognizes the exclusive right (intellectual property) of a citizen or legal entity to the results of intellectual activity and equivalent means of individualization of a legal entity, individualization of products, works or services performed (company name, trademark, service mark etc.).
The words "intellectual property" are bracketed by the Civil Code for a reason. This is explained by the fact that this concept has a collective and at the same time conditional meaning. Intellectual property rights are not one of the categories of property rights. The right to the results of creative activity differs from the right to things, to a material object in which this result is embodied. For example, the ownership of a painting or book belongs to the owner of that painting or a copy of the book, while intellectual property belongs to the creator of the painting (artist) or the author of the book (writer).
In the same way, another term widely used in international relations, "industrial property", has a conventional character. According to Art. 1 of the Paris Convention for the Protection of Industrial Property of 1883 (hereinafter - the Paris Convention), the objects of industrial property protection are patents for inventions, utility models, industrial designs, trademarks, service marks, trade names and indications of origin or appellations of origin, as well as the suppression of unfair competition.
Along with the Paris Convention, which was repeatedly revised (in the post-war period in Lisbon in 1958, in Stockholm in 1967), the Patent Cooperation Treaty of 1970, a number of regional agreements, in particular the Eurasian Patent Convention, applied by the states parties CIS since January 1, 1996
The main international multilateral agreement in the field of copyright is the Berne Convention for the Protection of Literary and Artistic Works of 1886 (revised in Stockholm in 1967, Paris in 1971, hereinafter - the Berne Convention). Another multilateral agreement in this area is the 1952 Universal Copyright Convention, concluded in Geneva, amended at a conference in Paris in 1971. Russia participates in these and a number of other multilateral agreements, with individual states Russia has entered into bilateral agreements on international protection of intellectual property. When they talk about international protection in this area, they do not mean the creation of some kind of international patent for an invention or a universal protection of a literary or musical work, but the creation of conditions for ensuring the rights to the results of intellectual creativity, no matter in which country they were originally created or protected.
Thanks to Russia's participation in international agreements, the copyright of its citizens is protected in a large number of states. Opportunities for patenting Russian inventions and protecting other objects (trademarks, etc.) as a result of participation in international agreements are provided in almost all countries of the world.
The current state of international agreements in the field of intellectual property indicates that these agreements establish uniform substantive norms that contribute to the unification of law in this area, provide foreign holders of these rights with equal treatment with domestic ones, and facilitate the protection of their rights from all kinds of violations. But they do not contain conflict of laws rules. An exception is in this respect the Bustamante Code of 1928, which proceeds from the fact that intellectual property and industrial property are governed by the provisions of special international conventions “in force or likely to be adopted in the future. If there are no such conventions, then the acquisition, registration and use of these rights are subject to the local law granting them ”(Article 115).
Specific regulation of relations arising in connection with the creation, use and protection of works of science, literature, art and other results of intellectual activity is carried out in the overwhelming majority of states of the world not by legislation on intellectual property, but by patent legislation, copyright laws, and trademarks. In Russia, intellectual property issues are currently regulated by the fourth part of the Civil Code of the Russian Federation.
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Intellectual property (IP) is a set of exclusive rights to specific results of human intellectual activity in any area (industrial, scientific, literary, artistic, etc.), as well as the rights to individualization means of legal entities, products, work performed, services.
IP falls into two main areas of rights:
industrial property (solutions in the field of technology, means of individualization, selection achievements, know-how, etc.)
Industrial property is a set of legal norms governing relations arising in connection with the creation and use of inventions, utility models, industrial designs, trademarks, topologies of integrated circuits and with the protection of undisclosed information ("know-how"), means of individualization of participants in civil circulation and dr.
Copyright concept. Objects and subjects of copyright
Copyright does not apply to ideas, principles, method, processes, systems, methods, concepts, reports of events and facts underlying copyrighted works. Copyright in a work is not related to the ownership of the tangible object in which the work is expressed.
The author is individual, by whose creative work the work was created. If a work is created by several authors (co-authors), the copyright belongs to them jointly, regardless of whether the work is an inseparable whole or consists of parts, each of which has an independent meaning.
producer of an audiovisual work;
a person who publishes periodicals.
By agreement, the subject of exclusive property copyright may be any person to whom these rights have been transferred.
literary works;
scientific works;
dramatic and musical-dramatic works;
choreographic works;
musical works;
audiovisual works;
works of fine art;
works of arts and crafts;
works of architecture and urban planning;
photographic works;
maps and similar works;
Derivative works (translations, adaptations, annotations, abstracts, summaries, reviews, performances, musical arrangements and other adaptations of works of science, literature and art);
Collections (encyclopedias, anthologies, databases) and other composite works, which are the result of creative work in the selection or arrangement of materials.
official documents (laws, court decisions, other texts of a legislative, administrative and judicial nature), as well as their official translations;
state symbols and signs (flag, coat of arms, anthem, orders, banknotes and other signs);
The concept of related rights. Objects and Subjects of Related Rights
Related rights (related rights) are relations arising in connection with the creation and use of performances, productions, phonograms and broadcasts of broadcasting or cablecasting organizations.
Subjects of related rights are performers, phonogram producers and broadcasting organizations.
Objects of related rights performances, phonograms and broadcasts of broadcasting organizations are recognized.
Allied rights include the rights of performers to performed works, the rights of producers of phonograms to their phonograms, and the rights of broadcasting or cable broadcasting organizations. Consequently, the subjects of related rights are performers, producers of phonograms, broadcasting and cable broadcasting organizations. Neighboring rights provide for the protection of the rights of those who assist creators of works in bringing the creative idea of the author to the attention of a wide audience, and in this sense they are derivative and dependent on the rights of the creators of the work.
As a subject of copyright, the performer exercises his rights subject to the rights of the author of the performed work: the phonogram producer, the broadcasting or cable broadcasting organization, in turn, exercise their rights within the limits of the rights obtained under an agreement with the performer and the author of the recorded or broadcast or via work cable.
Property and non-property rights of authors. Copyright Duration
The most important property the author's rights are the right to carry out or authorize the following actions:
reproduction of a work;
the distribution of the original or copies was made through the sale or other transfer of ownership;
rental of originals or copies;
import of copies of the work;
public display of the original or a copy of the work;
public performance of the work;
broadcasting the work;
other communication of the work to the general public;
translation of a work into another language;
alteration or other processing of the work.
Reproduction is the production of one or more copies of a work or an object of related rights in any material form, including permanent or temporary storage in digital form in an electronic medium. Consequently, the right of reproduction means the right to reshape a work in an objective form that can be perceived by third parties.
The right of the author to distribute is closely related to the right of reproduction, since before a work can be distributed, it must be made in a certain number of copies. Distribution is the sale or other introduction into civil circulation of a limited number of copies of a work.
The right to rent a work is defined as the leasing of the original or copies of a work and relates to the following types of works:
computer programs;
databases;
audiovisual works;
music scores;
works embodied in phonograms.
At the same time, the rental right does not apply to computer programs if the program itself is not the main rental object, and to audiovisual works if their rental does not lead to widespread copying of such works.
The right to import enables an author to authorize or prohibit the import of copies of a work for distribution purposes, including copies made with the permission of the author or other copyright holder. This norm assigns the author control over the import into the territory of his rights of copies of the work created by him, made abroad, and, thus, help to reduce or prevent the flow of counterfeit products across the customs borders.
The right to public display and the right to public performance of a work are legally classified as important property rights. Public display means the presentation of a work (mainly works of fine art) to the public directly or with the help of technical means (for example, television, an image on a screen using a projection apparatus, etc.).
Public performance is the presentation to the general public of a work through play, recitation, dance, live or technical means.
The law gives the author the right to authorize or prohibit the broadcasting and other communication of a work for the general public. Broadcasting means bringing a work to the public by means of special radio signals, including the transmission of signals via satellite. Broadcasting is also considered to be a live broadcast of a work from the place of its display or performance.
The author has the right to permit or prohibit broadcasting not only through wireless communication, but also by wire and through cable television. In all cases, the work is brought to a wider audience than usual.
The right to another communication of a work to the public concerns the ability of the author to authorize or prohibit the communication of a work by means of unrestricted admission to it of representatives of the public. This is primarily due to the author's right to authorize or prohibit bringing his work to the public through the Internet.
The author or his assignee has the right to carry out or authorize the translation of the work into another language. This is also one of the forms of using the work. Authors themselves rarely translate their works into another language and, as a rule, use the services of those organizations that intend to use their work in translation. In this case, the author gives an agreement for translation, and the organization undertakes to provide a high-quality translation of the work.
The exclusive right of the author includes the right to alter or otherwise transform the work. The works created as a result of creative processing become new objects of copyright. The right to process a work applies to all types of processing.
- the right to use or permit the use of a work under the original name of the author, pseudonym or without designation of the name, i.e. anonymously (right to a name);
the right to protect a work, including its title, from any distortion or other encroachment that could damage the honor and dignity of the author (the right to protection of reputation);
the right to promulgate or permit the promulgation of a work in any form (the right to promulgation).
The right of authorship is due to the need to recognize the connection of these results with the activities of specific authors. The right of authorship is inseparable from the personality of the author, is inalienable and non-transferable for any reason, including by contract or inheritance.
The copyright is absolute and arises from the moment the work is created. The absolute nature of the right of authorship is expressed, firstly, in its objectivity (both objectively there is the work itself and objectively authorship), and secondly, in the fact that all other rights, both personal non-property and property, are derived from it and third, the duty of all others to refrain from infringing copyright.
The right to a name is directly related to the right of authorship. This right arises in the same way as the right of authorship, from the very fact of the creation of a work, but, unlike the right of authorship, it is realized only in the case of the publication of the work.
1) an indication of his true name (the author himself determines the completeness of the indication) on a copy of the work;
2) disclosure under an assumed name (pseudonym);
The right to protection of reputation means the right of the author to publish the work in the form in which he wishes to present it to the public. This right also lies in the fact that during public performance or other use of a work without the consent of the author, it is impossible to make any changes both in the content of the work and in the designation of the name of the author. In other words, the author has the right to preserve his creative individuality, and without his consent it is impossible to make any changes (reduce the volume, change the content of individual parts in order to improve them, violate the integrity of the work, etc.).
The right to promulgate is attributed to one of the essential non-property rights and provides the author with the opportunity to bring the work to the public, i.e. make the work publicly known.
The author himself decides the issue of the publication of the work, including the time, place and method of public disclosure and, of course, the readiness of the work to bring it to an indefinite circle of people. Apart from the will of the author, no one has the right to force him to publish the work.
The law stipulates that personal non-property rights belong to the author regardless of his property rights and remain with him even after the assignment of exclusive non-property rights to use the work.
The right to authorship, the right to name and the right to protect the reputation of the author remain indefinitely. Property rights are valid for the entire life of the author and 50 years after his death. In the case of an anonymous work or a work under a pseudonym, the term of protection is 50 years from the date of the first lawful publication of the work, communication to the public or creation.
Legal protection of inventions
Invention Is a technical solution related to a product or method that has novelty, inventive step and industrial applicability. An invention is a specific subject as a result of human labor, or a process, technique or method of performing interrelated actions on an object (s), as well as the application of a process, technique, method or product for a specific purpose.
The exclusive right is certified by a patent. A patent is a document issued by a patent authority on behalf of the state that certifies authorship, priority over an industrial property object and the exclusive right to use it. The patent has a territorial effect. The patent is valid for 20 years with the possibility of renewal for no more than 5 years (if the use of the means in which the invention is used requires a permit from the authorized body).
Not considered inventions:
discoveries, scientific theories and mathematical methods;
decisions concerning only the appearance of the product and aimed at satisfying aesthetic needs;
plans, rules and methods of intellectual activity, playing games or exercising business activities, as well as algorithms and programs for electronic computers;
simple provision of information.
The object of the invention may be:
device (for example, machine, device, tool, part, etc.);
method (for example, a method of manufacturing products, applying coatings, a method of treatment, etc.);
substance (alloy, mixture, solution, chemical compound and etc.);
biotechnological product;
application of a device, method, substance, biotechnological product for a specific purpose.
An invention in any field of technology is granted legal protection if it is new and has an inventive step and is industrially applicable.
The invention is recognized new, if it is not part of the prior art. This is the first condition (criterion) of patentability. The invention has inventive step(second condition), if for a specialist it does not explicitly follow from the prior art.
The prior art is an extremely broad concept. It includes all sources of information available to an indefinite circle of persons known before the priority date. These are published applications and descriptions for patents, any publications (articles, reviews, monographs), research reports, design, technological, project and regulatory and technical documentation registered with an authorized body, dissertation materials, messages in the media and other documented information.
Criterion inventive step means that the solution is the result of creative activity, i.e. it is characterized by a new set of declared characteristics.
The invention is industrially applicable(third condition) if it can be used in industry, agriculture, health care and other fields of activity. This definition presupposes an assessment of the fundamental suitability of the invention for use in any of the branches of the economy for the purpose indicated in the materials.
Legal protection of utility models
Utility model Is a technical solution related to devices that is new and industrially applicable.
A utility model is new if the totality of its essential features is not part of the prior art. The prior art includes any information about devices with the same purpose as the claimed utility model, known before the priority date (established by the filing date of the application with the patent authority).
A utility model is industrially applicable if it can be used in industry, agriculture, healthcare and other spheres.
Unlike an invention, the requirement of an inventive step does not apply to a utility model.
The exclusive right is certified by a patent, the application for the issue of which undergoes formal examination. The patent is valid for 5 years with the possibility of renewal for no more than 3 years.