What is the duration of the exclusive right? In order to answer this question, we dwell in more detail on the features of this term. Let us also pay attention to what particular areas of life and human activity it extends.
Definition of the term
An exclusive right is the sum of the rights that belong to the copyright holder (legal entity or citizen). They allow him to use, at his discretion, by any means not contrary to the law, the results of his own creative work.
The validity period of an exclusive right is the period of time during which the rightholder can authorize (prohibit) other persons from using his means of individualization or the product of intellectual activity.
Distinctive features
Exclusive rights differ from property rights that relate to intangible assets.
Intellectual property is considered the right to artistic, literary, and creative works.
The validity period of the exclusive right to perform artists, television programs, sound recordings, technical models, industrial goods is established. The exclusive right also includes branding, a variety of commercial designations, production secrets.
Rights Properties
Let us single out similar characteristics for means of individualization and products of intellectual activity:
- they arise only in the case of a direct indication of the law (for each new protected species of an object of exclusive rights the law makes additions);
- are a special branch of absolute rights (the copyright holder can independently use the object, for example, give permission to third parties).
Exclusive content
In content, the exclusive right is property, since it is transferable, segregated, alienated from the creator or other owner of the rights. Creators of creative products own personal non-property rights (in the author's name), which are characterized by inexpressibility and inalienability.
The exclusive right can be inherited. The peculiarity is that a specific period of validity of the exclusive right is determined. After its expiration, means of individualization and intellectual activity become the property of society. The validity period of the exclusive right to a utility model, other intellectual property is shown in the table.
Security features
This process is carried out in general ways. There are special laws that also govern exclusive rights issues.
The copyright holder may use the result of his intellectual activity or a means of individualization, unless otherwise provided by the law of the Russian Federation. What restrictions are established by the Civil Code of the Russian Federation? For example, you cannot use an intellectual property product in cases where the legitimate interests of the copyright holder are infringed.
Action limits
The duration of the exclusive right to a utility model, trademark, industrial design depends on which patent was issued. For example, when issuing a document in the country in which the state registration of property was carried out, the exclusive right is territorial.
The temporary validity period of the exclusive right to a patent shall be calculated from the moment of filing the application with Rospatent.
Subject law extends to objects that are protected by the state under domestic law.
In cases where the title of protection is the property of several persons at once, an agreement is concluded to establish relations between them. If it is absent, each copyright holder indicated in the certificate has the right to use the protected object at its own discretion. But without agreement with the other parties indicated in the patent, it cannot assign the license (title of protection) to other persons without prior approval. The validity period of an exclusive right, for example, to a phonogram is 50 years. For authors of musical and artistic works, it is valid throughout the life of the copyright holder (at least 50 years).
In those situations when one patent holder is not able to use his invention, industrial design, utility model, he has the right to require the second person included in the title of protection to conclude a license agreement.
If the person is not patentable, then use of an invention that has been officially registered with Rospatent is possible only on the basis of a special license agreement.
Conclusion
The validity period of the exclusive right is from 25 to 50 years for a product of intellectual activity or industrial production. Questions regarding the possibility of its extension are established by the Civil Code of our country.
The exclusive right to a literary (artistic) work extends throughout the life of the author and seven years (the calculation of a seven-year period is carried out from the beginning of the calendar year that follows the death of the copyright holder).
The exclusive right to a phonogram, performance, television and radio broadcast is fifty years, starting from the moment of registration of the application with Rospatent.
In order to become the legal copyright holder of musical works, paintings, utility models, other types of intellectual property, it is important to go through the state registration procedure. To do this, the applicant must submit an application for registration on the official form with Rospatent (in the established form). A package of documents is attached to it.
In addition to the photograph of the sign, logo, symbol, model claimed for registration, there should be a detailed verbal description. Also, a payment document is attached to the application documents folder, confirming the payment of the state fee for registration of a new object (the amount of payment can be specified in Rospatent).