Article 138 of the Civil Code "Intellectual Property". Civil Code, Section I, Chapter 6

With the help of law, society at all times organized the process of self-regulation. That is, certain legalized norms were the mechanism that directly influenced the behavior of all people in a particular state. At the same time, the nature of the law is sufficiently multifaceted or even universal, so to speak. The fact is that the norms regulate the most insignificant, at first glance, social relations. For example, buying a car, renting an apartment or even a banal trip to a store are all examples of social interaction that leads to certain legal consequences. It should be noted that with the development of society, law has also evolved. This led to the expansion of its direct sphere of regulation. In other words, the effect of the law began to spread to more objects. The regulator of public relations has been replenished with new legal structures, one of which is the sphere of intellectual property. This segment of regulation refers to the civil law branch, which accounts for most of its specific moments.

What is Intellectual Property?

It should be noted that civil law is a complex industry, which consists of many legal categories. It contains norms regulating the fundamental moments of human interaction. Intellectual property is one of them. But even people who are somewhat familiar with civil law do not understand what this category is. In the broadest sense, intellectual property is a vast range of exclusive and personal non-property rights to existing results of intellectual work or activity. In other words, the category establishes the exclusive possibility of a person who is the author of a particular object, to dispose of it, and also prohibits the commission of similar actions by other entities.

History of the category

It should be noted that intellectual property has not always existed in the structure of civil law. Initially, this industry regulated only property relations. From the history of civil law, we know that at the time of its development, at the time of Ancient Rome, civil law was part of the civil law, which subsequently separated. At the same time, intellectual property as an object of legal regulation began to be thought only in the 17th century, when famous results of author's works of various writers, artists, musicians, etc. began to appear. The category gained its most widespread in the late XIX - early XX century, when the speed of development Of all spheres of human activity became an order of magnitude larger. Its place in the structure of law was the category of intellectual property in 1967, when the Stockholm Convention establishing the World Intellectual Property Organization was adopted.

Position of category in the Russian Federation

It is worth noting that the presented legal phenomenon is being actively developed and is constantly being modernized in the domestic jurisprudence. This is due to the active international trade position of Russia. The fact is that intellectual property, or more precisely, its protection regime, is an important moment for most countries. Therefore, if Russia wants to be an excellent player in the market, it needs to develop a regime for regulating relations in the field represented. At the same time, its evolution does occur. After all, there is a regulatory framework, which regulates intellectual property. The Civil Code of the Russian Federation, or the civil code, is a key state act, the provisions of which fully explain the essence of the category presented in the article. At the same time in the law the issue of intellectual rights is considered as fully as possible. For example, Art. 138 of the Civil Code of the Russian Federation ("Intellectual Property") speaks only of the category's belonging to objects that fall within the scope of civil law regulation. But this sphere contains in its composition a huge number of legal relations, which have completely different structure and legal orientation.

Reasons for isolation category

There is a huge number of moments according to which intellectual property is segregated. The Civil Code of the Russian Federation does not explain these reasons, but they come from the very ideological essence of the category. Therefore, there are several explanations about why the category is so important in modern Russia.

• First, the existence of certain security mechanisms encourages people to create something new. After all, if a person feels protected, then there will be no fear that the fruits of his activities will be later broken or taken away by someone.
• Secondly, intellectual property officially fixes all the works of the same name. That is, the author actually generates legal relations at the time of creating an object.
• Thirdly, intellectual activity in the case of its legal nature will be rewarded, which further stimulates creators.
• Fourth, the existence of intellectual property at the level of a legal institution will entail the growth of domestic culture and industry.

Thus, the intellectual property of the Civil Code of the Russian Federation, the definition of which is presented in the article, is a special category that meets the specific provisions of the same legal phenomenon in the international private law industry. This raises a logical question: what is the scope of this complex institution?

Objects of intellectual property of the Civil Code of the Russian Federation

It is worth noting, xnj the action of the institute presented in the article extends to certain subjects and phenomena. They, in turn, are included in the object composition of intellectual property. Thus, according to the provisions of the Civil Code of the Russian Federation, such facilities are:

• Any works of the scientific, literary sphere or the arts;
• Databases and special computer programs;
• Inventions, phonograms and utility models;
• Messages in TV shows and on the radio;
• Samples of industrial character or selection samples;
• Production secrets, microcircuit topology;
• Trademarks, trade names and geographical names;
• Commercial designations.

It should be noted that for a long time in the Civil Code of Russia there was no separate branch of norms that would regulate directly intellectual property. As mentioned earlier, Article 138 only enshrined the category as one of the objects of the relevant industry. Only in 2008 appeared part 4 of the Civil Code of the Russian Federation, which presents a system of rules governing relations in the field of intellectual property.

Features of Part 4 of the Civil Code

The above edition of the law introduced a lot of new institutions into the sphere of civil law. For example, in addition to the basic intellectual rights, in Part 4, the provisions regulating intellectual property treaties have been consolidated. The Civil Code of the Russian Federation, therefore, has become a complex source, coordinating any relations that arise in this area.

Violations of intellectual property rights

The fact that we live far from in an ideal world determines the need not only to regulate relations in the field of intellectual property, but also to create a mechanism for its immediate protection. But in order to form the necessary security regime, it is necessary first to analyze the types of possible violations of the category presented in the article. To date, there are two main violations, namely:

• Distribution of facilities in which methods protected by patents are used;
• Copyright infringement.

That is, in the event of violations of this kind, a person may implement special security measures with the goal of securing his powers.

Protection of intellectual property of the Civil Code of the Russian Federation

The protection of the institution presented in the article is one of the main tasks of the state. After all, this directly affects the ability of individuals to create and use the results of their intellectual work. Therefore, there are a number of tools that can protect intellectual property rights. The Civil Code of the Russian Federation fixes the following methods, for example:

• Forced termination of the violation;
• Recovery of losses from the infringer;
• Seizure of counterfeit products;
• Destruction of counterfeit products;
• Equipping the results of intellectual property with means of individualization.

Institutions dealing with the issues of intellectual property

The mentioned institute, as we saw, is rather complicated. Therefore, many scientists create works in which intellectual property is studied. The article of the Civil Code of the Russian Federation, presented earlier, only officially fixes the institution, which needs a doctrinal description. It, in turn, is dealt with by special institutions, for example the Federal Institute of Industrial Property, the Russian State Academy of Intellectual Property.

Conclusion

So, we tried to consider the features of such an institution as intellectual property. The Civil Code of the Russian Federation fixes its key features and basic mechanisms, and also contains provisions to ensure its protection. It should be noted that intellectual property plays a big role in the modern world, therefore, the development of this issue both at legislative and scientific level is simply necessary.