Currently, there is an intensive development of international trade and the expansion of the world market in the face of constantly increasing competition and globalization. It helps to ensure that individualization of legal entities, goods, works, services today are becoming extremely important. It is their presence in combination with the functional mechanism of state protection that acts as an integral element of healthy competition, the development of enterprises and the provision of products of appropriate quality. Consider further what constitutes a means of individualization.
Difficulty applying standards
The results of intellectual activity and means of individualization are regulated by a large number of legislative provisions. However, despite this, the situation in this area remains quite complicated. On the one hand, provided exclusive rights on means of individualization and their protection. At the same time, numerous norms aimed at streamlining the emerging relationship include such provisions that differ in the ambiguity of the wording, duplication, and in some cases are not consistent with each other. This, of course, creates certain problems in their application. According to experts, the main reason for this state of affairs is the lack of a generalizing legislative act that would regulate not only objects of means of individualization, but also identify key categories and principles of regulation, which would undoubtedly eliminate the existing contradictions. Experts believe that the incompleteness of the protection system is such a disadvantage that it cannot be compensated by an increase in the number of standards or the complexity of their content.
Classification Features
Means of individualization is used for identification in the framework of economic turnover. To classify these tools, it is necessary to determine the common features that each of them has. This problem is solved by comparing them and identifying differences and similarities between them. It is worth noting that this process is not only informative, but also of great practical importance. Interest in the classification is determined, first of all, by the need for a deep analysis of the essence of the phenomena that caused the emergence and consolidation of these tools in circulation. A comprehensive study of the categories under consideration allows us to establish the signs on the basis of which the protection system is formed, clearly formulate them for error-free legal qualifications and the application of relevant standards.
Key criteria
There are several approaches to their definition. According to some experts, the following classification criteria can be identified:
- Grounds for protection.
- Urgency of protection and its signs.
- The size of the eligibility of the owners.
- Scope of application within the framework of civil circulation.
Depending on the existence of conditions for the emergence of protection of means of individualization, they can be divided into two categories. For the first, state registration is mandatory. This procedure protects the instruments in question at the legislative level. For the second category, registration is not provided. It includes, for example, a commercial designation. By the urgency of protection and its criteria, the following tools are distinguished:
- The period for which is established relative to the probability of constant re-registration for a new time period defined by law. In accordance with the standards, protection of means of individualization can be terminated ahead of schedule. Such identification tools, for example, include the name of the place of origin of the product, service marks, etc.
- Protected indefinitely or for which a period is not set. These include the brand name.
- Not secured. This category includes, in particular, a commercial designation.
Owners
Depending on the owner, there are:
- Legal entity personalization tool is the name of the company.
- Identification tools that can be registered by one or more citizens. These include the names of places of origin of products.
- Identification tools for products, organizations or individual entrepreneurs. These include signs of tinning, etc.
Depending on the scope of capabilities of the owners, there are:
- Means of individualization, the right to which may be transferred subject to mandatory state registration. These include, for example, service marks.
- Identification tools, the use of which cannot be transferred to other entities. These include, in particular, the company name, the name of the place of origin of the products, etc.
- Identification tools, the exclusive disposal of which can go to other entities that are part of the enterprise.
Application area
In accordance with the scope of economic activity, the means of individualization can be used in trade or be universal. Tools also vary depending on their use to identify one or more enterprises. The first, in particular, are brand names.
Service mark
This means of individualization is used to identify the functions performed by the enterprise. The key objective of this tool is to provide the holder with the opportunity to express themselves. The subject gives the original name of his activity, creates his own image. A trademark is used to identify products. The regulatory protection regime for these instruments is the same. In practice, the same means of individualization can be both a service mark and a trademark.
The specifics of intellectual property
A distinctive feature is their ideal nature. These objects can only be comprehended, perceived emotionally. However, they are not tangible. When they materialize, protection by intellectual law does not arise for the thing in which they are expressed. Protection is provided for everything that is expressed in the subject. The right of ownership and the thing are inextricably linked. Destruction of an object leads to the termination of the ability to own, dispose of and use it. Intellectual property objects exist, regardless of the things in which they materialize. Thus, when a book is destroyed, the author does not lose his ability to possess a literary work.
Products
The result of intellectual activity can participate in legal relations only if it is exposed in some material form, through which it will be ensured by other people. It is a product that is called depending on its nature. The result of such activities, in particular, may be a work of art, literature, science, industrial design, invention. For each specified product, special conditions of protection and use are provided. Along with this, they have a number of common features.
Ideal nature
This is the first common sign of the results of intellectual work.Works of technology or science act as specific systems, complexes of specific concepts and terms. Literary and artistic subjects are a combination of relevant images. All these categories are indicated, expressed in one form or another (numbers, signs, symbols, sound or pictorial means) and quite often exist on specific media (paper, stone, film, and so on). However, from this they do not cease to be ideal.
Perception
Law in itself cannot directly influence the processes of thought that take place in the human brain. They remain outside the scope of the rules. Meanwhile, law can have a positive impact on thought processes. This is achieved through the development of regulatory forms for organizing technical, scientific or other creative work. Important is the consolidation of the conditions for the protection of its results in legislative acts. The ideal nature of the products does not indicate their insignificance or isolation from the production of objects demanded by people and other social values. The result of intellectual work, objectively expressed, can participate in the economic turnover. In this form, it is available for regulatory purposes, since it is a specific product. In modern conditions, the result of intellectual work more and more clearly acquires the features of a product created for circulation on the market.
Domain name
It is a symbolic name used to identify the unit of administrative autonomy of the Internet as part of an area that is higher in the hierarchy. Shared space works through DNS. The domain name allows you to identify Internet sites and network resources located on them in a form convenient for people.
Technical aspect
Domain names of a certain level together form the corresponding zone. DNS is used to convert the name to IP address and vice versa. It consists of a server structure. Each of them acts as the holder of one or several domain zones, responding to queries that concern them, as well as DNS resolvers that respond to queries from any areas. Ensuring the uniqueness and protection of owners with the names of the 1st and 2nd, and in some cases even the 3rd levels, is possible only after registration.
Business
With the development of the Internet, "beautiful" domains (website addresses) have gained special value. The total number of registered names exceeds 250 million today. Over time, it becomes more and more difficult to find a short, beautiful and at the same time free domain name. As a result, a market for website addresses has formed. It employs companies that register names, sell and acquire them, and are engaged in advertising.
Property Features
First of all, considering the sphere of intellectual labor, it is necessary to note its exceptional nature. It manifests itself in the fact that the author’s ability to own, use and dispose of the product creates obstacles for other people. Along with this, the legislation allows that the holder of exclusive rights may, of his own free will, allow other entities to perform certain actions. Thus, the author can partially or fully transfer his capabilities. Intellectual property products are not governed by many rules that apply to ordinary things.
First of all, these are legislative provisions on property, methods of its protection. For the results of intellectual work, special norms are provided. Authors and products are protected through special regimes. The latter in some cases acquire the status of protectable from the moment they are expressed in any material form.For example, these are works of sculpture, literature, painting. Others receive this status from the moment of registration by the competent authorities and the issuance of relevant documents. Such products include utility models, industrial designs, service marks, etc.
Conclusion
Each means of individualization, regardless of the owner, the scope of his rights and other circumstances, has some features. These signs are taken into account by the courts in the proceedings of disputes. This, in turn, indicates the need for an individual approach, a clear analysis and competent regulatory support of the process of upholding exclusive rights to individualization means. This will help to preserve the features that ensure the identification of each specific participant in the economic turnover.