Since about two thousand years ago in the Bible the thesis of the priority of the idea was stated (“in the beginning was the word”, quoted from the Gospel of John), nothing has changed much. Any project in many areas (commercial, political, cultural, literary, etc.) begins with an idea, concept. And only then, when the idea receives real security, a business is born in the material aspect - a business project, a campaign, domestic and intellectual services, a novel.
Idea
Basically, the term “idea” is understood as a basic, central thought that governs the entire concept, a structure that formulates a new system that is not yet specified by anyone. Thought marks the goal, after which the idea is filled with content, it is developed at its core and in the end it all ends with a definite outcome.
Problems
This beautiful picture, however, is overshadowed by a number of negative points. Nowadays, information technology, when knowledge is spreading with incredible speed, it is very easy to borrow it. And then the idea loses its originality, the author loses legal rights, which means that financial preferences are reduced, or even completely eliminated. And this means that if you do not want to get into a difficult situation, it is necessary to conduct a process formulated as registering an idea.
Theft Protection
The appropriation of another's intellectual property has become a mass phenomenon. New commercial organizations of different orientations and levels are created in large numbers, but then they quickly disappear, only a few survive their three-year milestone. Partly this is caused by a poorly thought-out concept, partly by the imperfect logistics of its implementation. Paradoxically, sometimes the failure is caused by a good idea, which, however, is intercepted by more active rivals with much greater financial resources.
Theft of ideas is now more important than ever for all areas of Russian society and the state - from culture and science to commerce and trade. Issues of protecting ideas are also relevant. The basis for the success of any project is proper preliminary work before processing the idea and its thoughtful preservation. A new, fresh, unusual idea that laid the foundation for the next project, and each stage of its development require proper protection. In this case, it will be the registration of the idea. Such a technique will save the project from the intrigues of rivals and will provide an opportunity to receive authorship dividends.
Copyright
But not everything is so easy and simple. So far, Russian legislation, unfortunately, sins with serious gaps. Our state, at a transitional stage of development on the way to a market mechanism, does not have time to regulate all areas of the legal sphere. Therefore, in Russia it is simply impossible to register an idea.
The Law of the Russian Federation of July 9, 1993 N 5351-I, which regulates the nuances of copyright, protects only works in their real form. How to register copyright on an idea? Not at the moment in Russia. So, Art. 6-2 notes that copyright covers both published works and published works implemented in one of the real forms: written, oral, description, etc. At the same time, Art. 6-4 specifically states that copyright does not apply to ideas in various forms and forms.
Thus, under Russian law, state registration of an idea is not relevant.However, the state protects almost any form of an idea expressed in a real way, in particular in the form of a song, a novel, a description of a service, a business project, and so on.
How to protect an idea
It is necessary to dwell on this thesis in more detail. Still, is it possible to protect the idea itself? Are there any minimal protection methods? Among all possible options, there are positive ones. But all of them intend to defend the idea by reconstructing it in a real form, that is, it is quite natural that practical activities to protect intellectual property are carried out within the framework of the legislative framework.
Protection of ideas is possible only in this direction. But here there are already various forms that can develop depending on the level of modification of the idea and its type.
Already at the first stages of project formation, it is possible to depict (draw, voice) its basis. An idea that has received such a real form can be released, that is, registered. In the future, the author will receive his copyright, which will make it possible to justify the right to an idea and receive certain dividends. If you use the idea without the consent of the author, it will also be possible to attract attackers to responsibility.
Characteristics of a Business Idea
Regarding commerce, we must remember that in this area, on the one hand, the registration of ideas is also necessary, and on the other hand, it is often more difficult for business ideas to break through than ideas in the cultural or scientific fields. The most important and valuable moment here is the protection of technical innovations, ideas aimed at the formation and implementation of innovations, the implementation of certain types of products (production methods, structure of services):
- such innovations provide a clear technical solution within a certain framework;
- aimed at solving specific problems, can be improved, that is, issue new discoveries, technologies that will become the basis of new patents;
- original ideas that provide the opportunity to produce new competitive products are very profitable and will be the goal of hunting rivals.
Of course, you can try to implement business ideas without registering. This is especially true for small businesses, when commerce is developing on a small scale and with a constant lack of finance. But in any case, do not forget about the constant risk of theft of your intellectual property. It’s better not to allow such a situation.
Intellectual Property Preservation
How to register ideas in commerce? In their appearance, business ideas are usually characterized as organizational. However, often they are still designated technical, bearing in mind that at this level only technical decisions are made, and there is no question of existing organizational tasks. Therefore, it is necessary to highlight the technical tasks of the business project and support them with the rules of patent law, but do not forget about the level of organizational problems. Moreover, they are often automated, and existing legal and by-laws are already allowed to patent certain ideas.
Publishing Ideas
One way to identify your rights to ideas is to publish them. Exit registration of the idea of registration through the publication of their ideas, other results of their intellectual work, creative and scientific works makes it possible to outline copyright and gain a good evidence-based legal basis for their protection.
Publication data usually covers all areas of society and a specific person. The leading features of the publication are freshness, originality, creative level and advanced character.
Support for ideas, hypotheses, practices is based on the methodology of their publication, submission of articles in a formalized form and registration in the list of the site. In this way, the authors secure the copyright to display the idea and, therefore, the idea itself is protected.
Authors of innovative ideas are often assisted in the development of logistics and promotion.
Idea patent
There is another opportunity to protect your property - to register a patent for an idea by creating a specific text, drawing and so on. forms that meet the requirements of a patent document. Obtaining a patent is quite difficult; it is necessary to go through the process of implementing the relevant requirements, registration and deposit.
Forms can be different. The author has the right to submit an idea in the form of an invention, then you can patent it. Or arrange the idea in the form of a business plan. Then, if necessary, it is possible to demand compensation through the court for the implementation of the idea without the consent of the author.
Sberbank Project
One of the largest financial institutions in the country, Sberbank, a few years ago began to develop the commercial intellectual project “Ideas Exchange”. The essence of the idea (registration) of Sberbank is as follows - the bank accepts ideas in its field and, after proper examination and elaboration, implements them. Projects are reviewed by specialists with the active participation of volunteers, which in itself is a guarantee of high-quality expertise. These projects are considered by the so-called “facilitators” (specially trained highly qualified specialists in the field of group communications, a type of moderators).
The proportion of accepted ideas is about twelve percent. This suggests that the idea of registering with Sberbank was quite effective. Of course, the legal side of bank protection is considered first. All parties win - the authors receive protection and reward. Sberbank, on the other hand, receives dividends from the implementation of the most profitable and useful solutions, measured in billions of rubles.
GPG Patent Office
This way of protecting ideas in the GPG patent was due to the fact that regular registration of ideas by different companies is not entirely effective on their own. What to do? So, we are talking about registering an idea, how to register an idea in GPG? Basically, the issue of registering an applicant claiming authorship in the list within the European Patent Office is being decided.
The implementation of a patent search for data blocks of other countries lasts ten days. The cost of the procedure with payment to the employees of the GPG Patent Office is 25 thousand rubles. In addition, there are other fees.
After this, a statement, a description of the idea, an analysis of the images are considered, a brief preamble and abstract are created. All office work on the project can be entrusted to the bureau employees. Such a service will cost 30 thousand rubles for a utility model, 35 thousand rubles for an invention, and 20 thousand rubles for an industrial design. Employees who deal with the registration of business ideas and other projects in their daily professional activities will find and implement the best way to protect intellectual property.
For the success of the case, you must make sure that the documents submitted are within the requirements. This should prove the official examination. Having seen the author’s approaches from the standpoint of novelty, industrial applicability and compliance with the required inventive step, the patent office may come to a positive decision on registration and protection of the idea. In addition, a new development or invention can simply be sold.