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Exclusive rights. Objects, protection, transfer of exclusive rights

Protection of exclusive rights is considered one of the relatively young and fairly intensively developing legal sectors. This is due to various reasons. Let us consider in more detail what constitute exclusive rights. exclusive rights

General information

Initially, exclusive rights were considered as a kind of property. But by the end of the 19th century, in many legal systems, they were recognized as an independent category. This institution is a fundamentally new group of rights that differs from property, realizing tasks with respect to intangible assets that are similar to the functions established for tangible objects.

Definition

Exclusive intellectual rights relate to:

  1. Scientific and artistic works.
  2. Performing artists.
  3. Television and radio broadcasts, sound recordings.
  4. Industrial designs, utility models, inventions.
  5. Selection Achievements.
  6. Topologies of integrated circuits.
  7. Service marks, trademarks, company names, names and commercial designations of places of origin of products, production secrets.

This list is set in Art. 1225 Civil Code. transfer of exclusive rights

Objects of exclusive rights

In the Civil Code, they are divided into 2 large categories. The first is means of individualization. They may relate directly to the enterprise. In particular, we are talking about the place of origin of the product. The manufacturer owns exclusive rights to goods, services, which also act as means of individualization. They also include brand names, service marks, etc. The second category includes the results of intellectual work. These include breeding achievements, inventions, works of art, etc.

Classification

Exclusive rights may or may not be subject to state registration. There is also a separate category for which this procedure is considered optional. Mandatory registration is provided for rights to:

  1. Inventions, utility models, industrial designs.
  2. Selection Achievements.
  3. Trademarks.

The optional procedure is established for the rights to:

  1. Databases and computer programs.
  2. Topologies of integrated circuit types.

No registration required for related and copyright rights. exclusive intellectual rights

Important point

The exclusive rights of the above categories have a number of common properties. First of all, they are united by the fact that they can arise only if there is a direct legislative instruction. In this regard, the list of objects is considered exhaustive, but remains open. Each new category must be specified in law. Another common property is that the emergence of exclusive rights does not depend on the will of other entities. At the same time, others have a duty to refrain from activity that could disrupt them. The owner of the exclusive right can independently use the object in any legal way or allow it to a third party.

Specificity

The category under consideration has a number of features. First of all, you should know that the effect of exclusive rights is limited in time. During this period they are protected by law. At the end of this period, objects of exclusive rights can be used freely by everyone. Another feature is the territorial nature of the institute.In contrast to material values, intellectual objects and means of individualization are not tied to a specific location, including the area where their material carriers are located. In each country, their protection has an independent character. On the territory of foreign countries, it is carried out according to the provisions of international agreements. Exclusive rights are usually subject to certain restrictions. They provide for the possibility of their free implementation only within specific limits and cases in the interests of the whole society or its individual groups. exclusive rights

The essence of the institute

In terms of content, exclusive rights relate to property rights. They can be the subject of various transactions. The creators (authors) of creative products possess, among other things, non-property personal rights. They exist inseparably from the person’s personality and are absolute. These rights also appear in the subject, regardless of third parties. Others have a duty to refrain from actions that could violate the personal rights of the authors.

Features of the order

The subject can make transactions with his exclusive right. He can provide an opportunity to another person to use the product of his creative work or a means of individualization within the framework of the conditions established by the contract. The law also provides for the transfer of exclusive rights to other persons (agreement on assignment). For contracts of this type, the general rules on obligations provided for Articles 307-419 Civil Code, and transactions determined by the norms of 420-453 Civil Code. exclusive rights to goods

Inheritance

Usually it is carried out in the general manner defined by section 5 of the Civil Code. The peculiarity, however, is that the inheritance of exclusive rights is carried out for a specific period. At the end of the established period, products of creative work or means of individualization become available to the masses. Can not inherit moral rights creators (authors). Successors can only provide their protection. The protection of such rights is unlimited.

Protective measures

The exclusive right is protected by the methods provided for in Articles 11-16, 1250-1254 of the Civil Code. One of the ways is the requirement of recognition. For product owners intellectual property it is much more important to confirm your rights than to gain material (physical) control over them. Equally important is the restoration of the situation. This protection measure is used in case of violation of the exclusive right. Another way of protection is the suppression of the activity of entities that pose a threat to the realization by a person of his legal capabilities. For example, it may be a ban on the distribution of products that were manufactured in violation of exclusive rights. As a universal protective measure, redress is provided. protection of exclusive rights

Transfer of exclusive rights

It is carried out in accordance with a license agreement. Today, legislation does not establish specific requirements for agreements of this type. Thus, subjects have a certain freedom in their confinement. Nevertheless, in the license agreements must be present the mandatory details according to the rules in force for other civil transactions. In addition, general content rules apply to them. So, the license agreement should determine the rights to be transferred. In addition, the agreement should establish a method of provision. For example, it may be an exclusive, non-exclusive or single transmission.


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