Intellectual property is in most cases valued even more than material. That is why it should be subject to special protection. In the Russian Federation, a number of intellectual property sources are legally fixed. It is the concepts and sources of intellectual property law that will be considered in this article.
About the source system
The most important legal source on the territory of the Russian Federation is the basic law of the state, namely the Constitution. It is it that has a priority and supreme character in the entire system of sources of intellectual property law. But what articles in the main law of the country affect the area in question? It is worth paying attention to article 44, which establishes the freedom of creativity, and article 71, paragraph “o”, which establishes the regulation of intellectual property at the federal level.
The second most important source is the Civil Code of the Russian Federation. The fourth part of the normative act is devoted to intellectual property here. I must say that most recently the code did not have such a value in the field of intellectual property as it is today. The fact is that previously a number of special federal laws were in effect - on patent, copyright and trade law, which were later included in the Code. Federal laws themselves were eliminated. That is why the Civil Code of the Russian Federation is today the most complete and reliable source relating to intangible property.
The system of sources of intellectual property rights in the Russian Federation also includes separate decisions of the executive authority and decrees of the head of state. However, one can hardly find anything interesting in them. These are rather old normative acts, which enshrined the procedure for the protection and sale of intellectual property.
About the Civil Code
The legal base of intellectual property is established by certain provisions of the first part of the Civil Code of the Russian Federation. So, article 8 speaks about the grounds for the formation of the rights and obligations of Russian citizens. It is here that we are talking about intangible types of property. The law classifies the creation of the results of the activity of intellectual types of property as the basis for the formation of duties and rights of citizens.
What does the law mean by non-property types of property? The same article 8 deals with literature, science, art, inventions and other phenomena that arise as a result of human intellectual activity.
Article 128 of the first part of the Civil Code of the Russian Federation refers to objects of civil rights. In their long line are the results of intellectual activity with various kinds of intangible benefits. In article 138, the concept of the so-called exclusive right is disclosed in detail. This includes means of individualization of a non-material nature and the results of human intellectual activity.
Thus, the Civil Code of the Russian Federation as the most important source of intellectual property law characterizes the concept presented in sufficient detail. Next, we should talk about the provisions enshrined in part 4 of the Civil Code of the Russian Federation.
About the results of intellectual activity
Part 4 of the Civil Code of the Russian Federation as a source of intellectual property rights provides information on the protected results of human mental activity. Article 1225 enshrines the objects to which legal protection should be granted. Here are some highlights:
- works of art, literature, cinema, science, etc.
- various information bases;
- programs for computers of computer type (computer);
- phonograms and performances;
- scientific and technical inventions;
- industrial designs and models;
- messages on the air or by cable;
- know-how (secrets of a special production nature);
- inventions;
- achievements in the field of selection;
- company and trademarks;
- information about the place of origin of a product;
- commercial designations.
All presented results of intellectual activity are subject to the relevant rights - property or exclusive, that is, non-property, nature. Non-property rights can be expressed in the form of access rights, rights of succession, etc.
Thus, in chapter 69 of the Civil Code of the Russian Federation, as the main source of intellectual property rights in the Russian Federation, rather important and comprehensive legal provisions are enshrined.
Copyright
Article 1255 of the Russian Civil Code establishes provisions on which rights belong to the author of a work. So, here it is worth highlighting:
- right to copyright, direct copyright;
- exclusive right to the work itself, as well as to its inviolability;
- the right to publish the work.
In addition to the types of rights presented, it is also worth highlighting the right to remuneration for an official work, the right to follow, access to the results of mental or spiritual activity, the right to recall, etc.
Article 1256 of the Civil Code of the Russian Federation describes exclusive rights to works of science, art or literature. So, an exclusive right can extend to works in an objective form, published on the territory of Russia or abroad, recognized by the authors or assigns. If we are talking about intellectual property that is located outside the country, then you need to pay attention to various international sources of intellectual property law.
About copyright objects
Article 1259 discloses in detail the main objects of copyright. What, according to the Civil Code of the Russian Federation as a source of intellectual property law, are objects in this area? Here is what the normative act indicates:
- Audiovisual and literary works;
- works of a dramatic, musical and scenario type;
- pantomimes and choreographic works;
- works of architectural, urban planning, landscape gardening, decorative and other art;
- plans, sketches, sketches, layouts, drawings, maps and other similar elements.
It must be said that all objects of intellectual activity are classified into two groups: compound and derivatives. In the first case, we are talking about works that are the results of creative work, that is, they are made “from scratch”. In the case of objects of a derived type, we are talking about processing a third-party product.
What can not be copyrighted? National sources of intellectual property law do not affect the following phenomena and elements:
- state symbols, namely flags, coats of arms, various signs, orders, symbols, etc.
- official documentation of state and local government bodies, including laws, court decisions, official translations, etc .;
- works without specific authors, that is, folklore;
- informational messages about various facts and events.
A special place in the copyright system is held by patent law. The main sources of intellectual property rights, including the Russian Civil Code, regulate this area in detail. It is about patents that will be discussed later.
About patent rights
What are patent rights? Article 1345 of the Civil Code of the Russian Federation states that patent types are vested in certain types of inventions, industrial models and designs. So, the author of a scientific, technical or industrial object owns both copyright and exclusive rights. Obtaining a patent also implies receiving special remuneration.
Who can be recognized as the inventor and patent holder? Such a person, according to sources of intellectual property law, is a person whose creative activity created the corresponding result of the activity. It must file an application for a patent for a scientific and technical invention, industrial design or utility model.
Once it is proved that a patent is really needed for the invention, the relevant requirement of the applicant will be satisfied. I must say that for the entire period of the examination of intellectual activity, it also implies a high-quality legal protection of the result of the activity. That is why the author of the invention does not need to worry - the law qualitatively protects his interests and rights.
On rights related to copyright
The system of sources of intellectual property rights in Russia enshrines the concept of special rights related to copyright. So, in article 1303 it is established that intangible rights to the results of activities via broadcasting or cable, to phonograms, works of art, literature or science, to the maintenance of databases and other types of property are related, that is, exclusive. What does this mean?
Related rights must be exercised in accordance with the strict observance of copyright. Rights of a related nature are recognized and effective regardless of the availability and functioning of copyright. A feature of the emergence of related rights is the absence of the need to register their property or compliance with other formalities.
For violation of related rights, the law establishes liability for damages. It occurs in the form of payment of appropriate compensation. So, the law says about fines in the amount of 10 thousand to 5 million rubles, or about two times the value of the intellectual result.
Other types of copyright
Chapter 73 talks about copyright in breeding achievements. They can be of two types: exclusive and copyright. The objects of intellectual rights to breeding achievements are various plant varieties and animal breeds. All of them must be registered in the State Register of Protected Achievements in the Field of Breeding.
Chapter 74 deals with the topology of integrated circuits. The object here is the arrangement of integrated circuit elements fixed on the carrier. If the totality of such elements meets the requirements of originality, then problems with state registration and copyright should not arise.
Chapter 75 talks about production secrets - the so-called know-how. We are talking about information of any nature - technical, economic, organizational, industrial, etc. It is important that the results of such information have high commercial value and significantly increase the effectiveness of professional activity in a particular area.
Chapter 76 deals with the processes of individualization of work, services, legal entities or enterprises. Means of individualization are brand names, rights to a trademark or service mark, state registration and name of a mark, commercial designation, etc. In this area, the courts often play an important role.Thus, judicial practice can be “tied” to sources of intellectual property rights on issues of resolving disputes specifically on means of individualization. It raises questions of borrowing, plagiarism, selling signs, etc.
Finally, the last chapter of part 4 of the Civil Code deals with technology rights. Article 1542 discloses the concept of a unified technology - expressed as a result of scientific and technical activity of an industrial design, utility model, industrial invention, etc.
Federal Law "On Information"
In the Russian Federation, No. 149-FZ is recognized as the source of intellectual property rights, fixing the main provisions on information technology and the protection of information activity. What is this law about? Article 1 indicates the main areas that are regulated by the presented normative act. Here it is worth highlighting:
- ensuring quality protection of the information base;
- realization of the right to receive, search, transfer, distribute and produce various information;
- high-quality application of information technology.
I must say that for the most part the law does not apply to intellectual property, with the exception of several provisions in separate articles. Nevertheless, it can be attributed to the group of sources of the considered area.
Federal Law "On Competition"
The sources of intellectual property law also include No. 135-FZ "On Protection of Competition". This regulatory act aims to prevent monopolistic activities and unfair competition. As you know, this kind of phenomenon is possible not only in the field of property law. In the field of intellectual activity, it is also necessary to comply with current legislation, and therefore it is necessary to work in accordance with the principles of justice and humanity.