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THE CONCLUSION

The analysis of inheritance carried out in dissertational work intellektuyoalnyh the rights has allowed to come to conclusions and judgements, significant, as with teoretiyocheskoj, and the practical point of view.

In particular, it has been proved, that on formation and development of institute of inheritance of the intellectual rights bolyoshoe influence was rendered by the basic concepts differently proving ustayonovlenie of a legal regime of results of intellectual activity and the rights to them (proprietarnaja the concept which also often is called intellectual property right concepts, and the concept of the exclusive right which has declared itself in the end of XIX century). Analyzing laws of the different countries in their unity with international legal certificates, in the dissertation was sformuliroyovan a conclusion that for today synthesis of these concepts is put in osyonovu legislations of the leading countries of the world and has received fastening in mezhdunayorodnyh certificates.

The substantiated conclusion that the intellectual rights, on the one hand, and the property right to the veshchno-material carrier - with druyogoj, not necessarily belong to the same subject of law under whom we mean the author, or the founder, this or that result intellektuyoalnoj activity was the author of dissertation. The given circumstance is extremely important for definition of a legal regime of inherited property.

Taking into account all nuances of discussion about the legal nature of a secret proizvodyostva and the rights to it, by the author of dissertation it has been proved, that the legal relations connected with know-how are not personal non-property. OblaYOdatel know-how has its exclusive right ispolzoyovanija which is inherited. Feature of a mode of inheritance isyokljuchitelnogo the rights to know-how constitutes a duty of the successor to take measures on protection of confidentiality of the corresponding information.

During the analysis of modes of inheritance of exclusive rights to a trade mark (service mark), the name of a place of an origin of the goods was obosyonovan transition of the corresponding exclusive right as it should be nasledovayonija basically to any successor without dependence from its status. As a consequence of that fact, that the successor does not make the goods possessing osoyobymi properties and has no status of the individual businessman, proisyohodit cancellation of the granted inherited right.

One of key conclusions of the carried out research concerns poyolozhenie that the personal non-property rights of the author, being closely svjayozannymi with its person, do not pass as inheritance to other persons, but can arise at successors owing to succession iskljuchiyotelnogo the rights to product. As such rights are specified - the right razreyoshat entering into product of changes, reductions or additions; the right to promulgation of the product which have been not promulgated during lifetime of the author; the right to a response; the right to protection of authorship, a name of the author and inviolability proyoizvedenija if the author when due hereunder has not left during lifetime any instructions or these instructions cannot be executed.

So, concerning a question on the right to inviolability of product, the author of the dissertation has expressed opinion that it unlike the right to product processing, i.e.

the right to change of product which assumes tvoryochesky the contribution and which leads to creation of new product at sohraneyonii initial, is inaliennable and does not descend. However, successors can quite carry out protection of the given rights of the author on lawful basises.

Was rather right on promulgation it is recognised its inherited hayorakter. The legislation does not assume an interdiction for right transition on obnaroyodovanie. Therefore the successor can promulgate product after death avyotora if it has not been promulgated and also if promulgation not protivoreyochit to its ox. In our opinion, a condition of realisation of the granted right is necessity to consider lifetime wills of the authors who were not wishing

To publish the products if thus there are their accurate certificates

Will.

The author of the dissertation focused attention that some intelyolektualnye the rights do not concern neither a category exclusive, nor to a category of the personal non-property rights. It is necessary to carry to other rights - the right doyostupa; the following right; the right to patent reception; the right of the composer, javljayojushchegosja the composer, used in audiovizualyonom product, on reception of compensation for public execution or the message in an aether or on a cable of audiovisual product, etc. One of them have property, and others - non-property character.

By access right consideration arguments that the access right to fine arts products is connected with lichnoyostju the author have been stated, belongs only to it and does not pass to successors of the author. This right can be considered as non-property: it stops with smeryotju the author and by right of succession does not pass.

In addition to told, it has been proved, that in case of death of the author or the inventor to its successors should pass following rights neyoimushchestvennogo character: the right to reception of the patent to the invention, polezyonuju model, the industrial sample or on selection achievement; the right to the state registration of the computer program and a database and the right to the state registration of topology of an integrated microcircuit.

The following right has been established, that, possessing property harakteyorom, can pass by right of succession as the independent right of the author who distinct from the exclusive right is belonging to it to product, to reception of compensation in the form of percentage deductions from the price of resale of the original of product of the fine arts, and also author's rukopiyosej (autographs) literary and pieces of music at everyone pubyolichnoj to resale of the corresponding original in which in quality proyodavtsa, the buyer or the intermediary the gallery graphic iskusyostva participates, art salon or other similar organisation. In spite of the fact that
The following right is inaliennable, it passes to successors of the author to period of validity of the exclusive right to product.

The big attention in work has been given the analysis of a problem of transition in poyorjadke inheritance of the right to the compensation, concerning other rights imuyoshchestvennogo character, for use of office result intellektualyonoj to activity. As a result of the given analysis the conclusion has been drawn, that in the event that the right to compensation for use of office result of intellectual activity is provided not labour, and grazhdansko-praYovovym by the contract, it should pass to successors. In a case when isyokljuchitelnoe the right to office result of intellectual activity belongs to the author and the employer has the right of use sootvetstvujuyoshchego result on the terms of the simple (non-exclusive) licence with payment to the legal owner of compensation and if such contract has not been concluded during lifetime of the author the right to the conclusion of such contract should pass to nasledyonikam.

In work the generalising conclusion that transition isyokljuchitelnogo as inheritance means the rights that successors iskljuyochitelnyh the rights get competence of use and competence rasporjayozhenija, competences of use carried out in the form of alienation and in the form of delivery of the permission (licence) for such use has been formulated. The right ispolzoyovanija represents possibility of the successor in an exclusive mode predyoprinimat the actions directed on extraction of commercial benefit from obyoekta. Here also it is necessary to include competences on an interdiction for fulfilment anayologichnyh actions without the permission of the legal owner to all third parties. If to speak as a whole the order competence in our case is carried out in the form of alienation of competence of use, and also in the form of delivery razreyoshenija (licences) for such use.

The given conclusion is added by theoretical position that in rezulyotate transition as inheritance of some other intellectual rights
Property and non-property character successors receive spravedyolivuju indemnification (in case of realisation of the right of following and the right on voznayograzhdenie), and also get possibility of extraction commercial vyyogody from use of results of intellectual activity owing to that become legal owners (in case of realisation of the right to reception payotenta).

Mentioning a question on competences of successors, the author of the dissertation had been proved the point of view that a number of competences of the died author passes to successors who use them in full, in spite of the fact that unlike the author, successors are not in special sense of a word tvorcheyoskimi subjects. It is shown, for example, that when before delivery payotenta the inventor has died, its successors have the right judicially treboyovat recognitions and deliveries of the certificate by it about the right to the inheritance concerning the exclusive right to the given invention.

The recognition of concerns number of the important conclusions of work that the volume prayovomochy successors to whom the exclusive right to product pereyoshlo in one case - is direct from the author-estate-leaver, and in other - from other legal owner who has received the exclusive right under the contract about otyochuzhdenii of the exclusive right, does not coincide, though legally the difference between them is not fixed. The right to promulgation automatically does not pass to the successor of the author. This results from the fact that here it is necessary to consider priyozhiznennuju will of the author. In the same case when the author under the contract about otchuzhdeyonii the exclusive right has transferred to other person belonging to it iskljuyochitelnoe the right owing to what to the given person has passed the right on obnarodovayonie products and to the successor of such person also passes the right on obyonarodovanie.

In work the question on a legal status and volume of competences of other persons participating in legal relations, connected with inheritance intelyolektualnyh the rights has been considered. It is a question of unworthy successors, podnaznachennyh successors, executors of wills, legatees, co-authors.

In a case with the got exclusive right and several successors property rights were offered for considering on analoyogii with a mode of an indivisible thing: successors owe the specified rights osushchestvyoljat on a joint basis. In the joint image they also should give razyoreshenie on use of result of intellectual activity. VoznaYOgrazhdenie, received from use, it should be meted with the account doyolej successors.

At a support on the detailed analysis of the status of the executor, was sdeyolano the conclusion that its presence is a sign of trust which the estate-leaver renders to some person. As ways of protection of the personal non-property rights the executor can use various methods. That concerns - restoration of the position existing before breach of law; a right recognition; suppression of actions which outrage or creating threat of its infringement etc.

The special attention in dissertational research has been taken away extrajudicial, in particular, notarial, and to judicial ways of protection intelyolektualnyh the rights of successors. The author of dissertation draws a conclusion on necessity of perfection of legislative maintenance of notarial protection imuyoshchestvennyh the rights to results of intellectual activity therefore there is possible a withdrawal from practice, when notaries, specifying the copyright as a part of the inheritance, do not concretise and do not fix results inyotellektualnoj activity, the rights on which are got by successors. poyoskolku not all copyrights can pass as inheritance (co-authors are besides, possible, situations of alienation of the exclusive right avtoyorom) in the course of registration of the certificate on the right to the inheritance notaries should specify in the concrete inherited rights on concrete proizvedeyonie, a part inheritances, taking into consideration any dokazatelyostva, given by successors.

And, at last, in the system form ways of judicial maintenance and protection of the rights and legitimate interests of successors on besprepjatyostvennomu to realisation of exclusive and other intellectual rights, orders by them, and in case of infringement - use of means prinuzhyodenija and attraction of guilty persons to civil responsibility have been investigated. ReYOzultatom research work in the given thematic direction there was a conclusion about the important role of court for protection including personal neimushchestvenyonyh the rights of the author-nasledodatelja in which the successor is interested.

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A source: Kostikov VLADIMIR VALERIEVICH. INHERITANCE of the INTELLECTUAL RIGHTS. The dissertation on competition of a scientific degree of the master of laws. Saratov - 2017. 2017

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