The result of any physical labor is always something concrete. Along with physical labor, intellectual activity is also given exclusive rights. These are the results in various fields (science, art, literature and others) that are of particular value - property. With the active development of information technology tools, mental work has increased in importance. Accordingly, the problem arises of protecting this labor. That is why you should understand the features and practical subtleties of its application.
What is intellectual activity? The concept and its results
Before touching on the topic of law, it is necessary to find out what it is. Intellectual activity is that activity which is aimed at creating intangible things in the field of science, art, literature or other creative fields. The main feature is mental work, but not physical labor.
The results of intellectual activity - this is the product that does not have a material shell. If the result falls into the category of “thing”, for example, a poem that was written on a piece of paper, then ownership does not apply to it. In other words, this thing is not the result of intellectual activity.
Intellectual activity is understood not as a material thing, but as a spiritual one.
Each result of intellectual work is subject to the conditions for the use of its protection.
Signs of Intellectual Labor
Intellectual activity is that work, which involves a certain degree of novelty of the result. Among the main features, the following can be distinguished:
- has an ideal character: the result is produced by means of a logical construction of thought, and also has novelty;
- the result is a product that is expressed in an objective form in accordance with the nature of the work (art, literature, science, invention, etc.);
- the results of intellectual activity should be of an ideal nature (for example, a literary work represents a certain system of artistic images, but the result of such activity will not be the results of intellectual work).
It is legal to protect not the form (book, picture), but the content (the main idea of the work).
Intellectual Property Laws
In the framework of intellectual property, the legislation has undergone constant changes, improved the rule of law. The guarantor of the protection of the right to the results of intellectual activity is the Constitution of the Russian Federation. Article 44 states that any property of this kind is protected by law. Regarding the results of intellectual activity, they are subject to acts of international law.
In 1970, the Russian Federation joined the World Intellectual Property Organization (WIPO).
This organization was created for the process of regulating ID around the world. It currently has 189 countries
Objects and subjects of ID
For a detailed explanation of this part of the question, it is necessary to determine what an object and subject are.
An object is the result of intellectual activity, which is protected by legal norms. Subjects are considered directly authors and owners of these results (citizen or legal entity).
Objects include the following types of related rights:
- literary and artistic works;
- computer programs;
- data compilation;
- execution;
- phonogram and videogram;
- broadcasting organization program.
The objects are the following results of the scientific and technological process:
- invention;
- utility model;
- industrial model;
- topography;
- variety of plants and breed of animals;
- scientific discovery;
- trade secret.
Among commercial designations, objects include:
- trademark;
- geographical indications;
- company training.
Facts to Know
The author recognizes the person who, through his creative and intellectual work, created the result of intellectual activity. However, such nuances should be taken into account.
- Authors cannot be stripped of copyright. The exception is the situation when a person is not, but impersonates him. In such a case, this matter must be challenged in court.
- Those persons who provide support (material, technical, organizational or other) are not considered authors.
- After the death of the author, the law protects his rights. On the defense side, a citizen who has expressed a desire may act, or his data is recorded in a left will.
- If several people took part in creating the result of intellectual activity, then they are vested with copyright in equal shares.
The author himself can endow other persons with the right to intellectual activity and copyright. However, not only the consent of the author will be required, but also the appropriate legal actions.
About individualization
The normative act enshrines the rights to the result of intellectual activity. There are means of individualizing certain services. These include: company name, trademark, name of the place of origin of the product, etc. They are used to personify authors and products, services. The main value is the creation of healthy competition among other entrepreneurs. The exclusive right is vested in the subject who registered it, and not the developer (for example, a designer). Means of intellectual activity are also protected. They appear in the category of citizen's mental work products.
The legal act defines a specific procedure for creating and rules for the liquidation of individual property. According to the law, it is clear that the copyright to a particular work is not connected with the ownership of it.