Protection and use of intellectual property. Intellectual property is what?

In the process of human evolution, legal relations developed that can arise between people and their property and property. In the time of Ancient Rome, the question about the property was solved quite simply - by imposing the vindicates on the thing. There was even a trial of the same name for the recognition or alienation of property rights. However, as they developed, people understood that not every right has a material manifestation. In other words, not everything can be pointed with a finger and said: "This is mine!"

Thus, scientific lawyers began to develop special categories in order to somehow regulate this kind of rights. Due to scientific research, a specific sub-sector of the civilian branch appeared: intellectual law. In addition to having a set of rights and obligations, it also developed a special protection mechanism, which will be discussed later in the article.

History of the sub-sector development

Intellectual Property Was formed during the development of mankind itself. Conditionally the history of this sub-sector can be divided into several main stages, namely:

- The first stage is characterized by the appearance of book printing. From that moment, people not only published their own works, but also acquired certain rights as a result. It is then that copyright appears, which was enshrined in the Berne Convention for the Protection of Literary and Artistic Works of 1886.

- At the second stage , patent law, or rather, its prototype, was formed. This was due to the development of factory relations and the industrial revolution. People working in this field began to introduce new technologies into the production process. Thus, everyone was interested in that his invention was exceptional, and the idea of the functionality of know-how was not absorbed by other researchers. Hence the patent law began to develop.

- The third stage falls on the XX-XXI century, when scientific discoveries were made almost every day. The Internet has led to the emergence of the scientific community, and in many ways has developed legal regulation in the field of intellectual property. This led to the emergence of global organizations dealing with intellectual property (WIPO, WTO, etc.).

Intellectual property - concept

Given the great development of this constituent aspect of civil law, it is necessary to single out its concept. Thus, intellectual property is The right of an exclusive character, fixed by law, as well as the totality of personal non-property rights of the author to the results of his intellectual activity or means of individualization. Legislator in this area establishes a certain character of the monopoly, so that the author used the results of his work on his own. In this case, any use of such results by other, third parties is allowed only with the permission of the author. Also, intellectual property is a certain set of forms of protecting their fruits from unauthorized use.

Objects that relate to intellectual property law

Use of Intellectual Property Is carried out by means of objects that are related to it. Their list was first announced at the Stockholm Convention in 1967. Also at this event, the World Intellectual Property Organization was established. According to her documents, the objects include:

- artistic, scientific, literary works;

- Activities of artists (sound recordings, television and radio programs);

- All kinds of inventions in all areas of human life;

- industrial designs;

- company names, commercial designations, trademarks, etc .;

- Other rights that can be attributed to the category of intellectual property.

Protection of intellectual property also extends to geographical indications of origin of goods, domain names, new varieties of plants, databases, microchips, etc. This list is not exhaustive, because public relations develop constantly, which leads to the emergence of new fruits of human intellectual activity.

Misunderstanding of the terms

The concept of "intellectual property" is integral. The words in the term can not be treated separately from each other, because the very meaning of the name of the sub-sector is lost. This fact is important enough, since even some scientists, not understanding such an important fact, use the words "intellectual" and "property" separately, which deceives other people about the legal sphere of this component of civil law. It follows that intellectual property is not only a legal but also a specific linguistic category.

Analyzing the domestic branch of civil law, we can distinguish different types of intellectual rights, which are classified according to the object, or rather, the fruits of human activity.

Copyright and Related Rights

The author's right regulates public relations, which arise from the creation, use of scientific, literary works of art. In this case, the category "product" is used, in order to emphasize the originality of the creative result of man. In addition, this result should have an objective, materialized form. Protection of intellectual property rights in the field of authorship is not extended to ideas, methods, methods, concepts, facts and discoveries.

As for related rights, they are close enough to copyright. The need to create such a category appeared at the turn of the 20th - 21st century. It primarily refers to cases where the result of intellectual work is not "good enough" to be recognized as his work. Nevertheless, his legal protection is simply necessary, because a person spends certain resources to create a concrete result. The sphere of related rights is extended to the performing activities of musicians, broadcasting and other similar objects.

Patent Law

The set of legal norms governing relations in the field of protection of inventions, as well as new models and industrial designs, is called patent law. It developed during the industrial revolution, as already mentioned earlier in the article. Today, patent law is actively used in almost all countries of the world. With his help, people "erect" legal protection of their inventions, in order to protect themselves from the actual theft of the idea. Quite often the whole aggregate of objects of patent law is united by the term "industrial property". Patents are issued by special executive authorities. In the Russian Federation, such is Rospatent.

Rights to the means of individualization of goods

Protection of intellectual property is extended to means of individualization of goods. These include trademarks , trade names, geographical signs and domain names. In the economic environment, all the funds presented are combined into a single institution for marketing designation. The need to allocate the intellectual right to the means of individualization appeared due to the development and global growth of the world market. To ensure the inviolability of trademarks and other similar objects, special methods for their registration and protection have been created. For the first time, the means of individualization were formally entrenched in the Paris Convention for the Protection of Industrial Property.

Rights to plant varieties and trade secrets

Any kind of knowledge, skills and information that fall under the category of commercial secrets can be classified as industrial secrets. At the same time, this kind of information should have unique aspects that can be applied to a competitive advantage.

The right of intellectual property also determines the protection of the work of breeders, who periodically remove new unique plant varieties.

Justification of intellectual property

The reasons that protection of intellectual property is justified arise from certain aspirations of state power. Thanks to them, laws are created, international acts regulating social relations in the represented legal sphere. As a rule, aspirations are motivated by the following aspects:

- through the created protection, to encourage the desire to create something new from other subjects of civil law;

- officially recognize the creators of the fruits of intellectual work;

- create a mechanism for rewarding creativity;

- in every possible way to promote the development of national culture and industry, and to represent the state in the international arena in a worthy manner.

Violations in the field of intellectual property rights

Taking into account the fact that intellectual property is a set of rights and duties of individuals in the presented sphere, the state provides legal protection of this category. To create a sound intellectual property protection strategy, you need to know what violations exist. To date, we can identify a number of the following violations:

- Violation of copyright (piracy and plagiarism).

- Dissemination or use of objects that contain methods described or contained in patents.

- Import of counterfeit goods into the territory of the Russian Federation.

- Any actions aimed at circumventing existing methods for protecting copyright and related rights, as well as the distribution of objects for these purposes.

- Change or falsification of information that has intellectual value or is associated with the results of intellectual activity.

- Violations of the rights to the geographical designation of goods.

- Other violations of rights to intellectual property.

It should be noted that in each country there is a special service for intellectual property, Which deals with the protection of this category, and also in some cases, considers disputes over the violation of the rights of citizens.

Protection of intellectual property at the international level

Over the past few years, the role of such a category as international intellectual property has increased. Most often this statement unites not only the rights of organizations in this sphere, but also international legal forms of protection. To date, the most well-known worldwide organization dealing with the protection and development of the intellectual property industry is WIPO (World Intellectual Property Organization). It was founded in 1967 as part of the UN. But only since 1974, WIPO began to deal directly with issues related to intellectual property. In Russia, the local analogue of this organization is the Federal Service for Intellectual Property, Although its functions are in some ways different from WIPO.

Before the World Intellectual Property Organization there are a number of specific tasks for the implementation of which WIPO was created. It is necessary to highlight the most priority of them, namely:

- Comprehensive assistance to the parties in the process of signing new international legal acts in the field of intellectual property;

- modernization of the legislation of the states with a view to ensuring closer cooperation in this area between the countries;

- assistance to state authorities in the creation and regulation of bodies whose activities are aimed at ensuring and protecting intellectual property.

Of course, there are other areas of WIPO activities, because public relations do not stand still, which leads to the emergence of new types of intellectual property. This fact makes us think about changing the legal regulation not only at the local level, but also at the international level.

History shows the high level of WIPO's effectiveness in the process of regulating issues in the field of intellectual property. Since 1999 and up to date, with the assistance of the organization, agreements have been signed that regulate key aspects of intellectual property at the international legal level (there are such kinds as local, national and federal intellectual property, depending on the territorial structure of the state and its role in the world arena ).

Federal Service for Intellectual Property

The Russian Federation is one of the most economically developed countries to date. Thus, the management of intellectual property Is carried out through special state services. Such in Russia is "Rospatent". Its purpose is to carry out functions aimed at direct control and supervision in the sphere of the use of intellectual property, as well as ensuring the protection of intellectual property, patents, trademarks, geographical names, etc.

Today, the main functions of Rospatent are:

- Implementation of the norms of the Constitution of the Russian Federation, laws, subordinate regulations, the object of which is intellectual property;

- conducting and monitoring of special examinations on objects of the intellectual property sphere, as well as issuing special security documents for such objects;

- licensing of contracts and assignment of rights to intellectual property;

- Supervision and control of the payment of patent fees;

- registration and attestation of patent attorneys.

Thus, the management of intellectual property in Russia is carried out due to the activities of the service, the structure of which includes special subordinate organizations that have specific tasks and functions.

So, in the article we have considered the concept of intellectual property, the main aspects and types of this sub-sector of civil law, as well as the organization of intellectual property. It should be noted that this sphere is developing more and more every day. Therefore, the peculiarities of the legal regulation of intellectual property are the most priority among today's practitioners.