<<
>>

2.1. Objects of the intellectual rights and their classification

Article 1226 of the Civil code of the Russian Federation fixes, that the intellectual rights including the exclusive right, being property, and on occasion personal non-property and other rights, admit only on protected results of intellectual activity and the means of an individualization equal to them.

The list protected according to a part of the fourth GK the Russian Federation of results of intellectual activity and means of an individualization (intellectual property) is established by point 1 of article 1225 GK the Russian Federation and contains sixteen objects:

1) products of a science, the literature and art;

2) programs for electronic computers (computer program);

3) databases;

4) executions;

5) soundtracks;

6) the message in an aether or on a cable of radio-or telecasts (an announcement of the organisations of a radio or cable announcement);

7) inventions;

8) useful models;

9) industrial samples;

10) selection achievements;

11) topology of integrated microcircuits;

12) know-how (know-how);

13) company names;

14) trade marks and service marks;

15) names of places of an origin of the goods;

16) commercial designations

The given list is closed, that speaks about impossibility of a recognition intellectual property of other objects which have been not named in item 1 of item 1225 GK the Russian Federation.

Behind frameworks of a part of the fourth GK the Russian Federations have appeared such objects, as efficiency proposals, opening, domain names, names of mass-media, names of the noncommercial organisations, names of sea and river vessels, names of medicines and a number of others.

Causes of a failure of the legislator from a right protection of the given objects within the limits of the legislation on intellectual property can be divided into three basic groups.

First, in the list of protected results of intellectual activity and individualization means there are no objects in which relation the legislator adheres to a position about absence of necessity of regulation of the relations connected with given objects at the state level.

So, for example, according to the Decision of Ministerial council of RSFSR from June, 22nd, 1991 № 351 «About measures on development of invention and rationalisation activity in RSFSR» [90] protection of efficiency proposals is carried to the competence of the enterprises, which steels independently to define ways and forms of their introduction and payment of compensation to authors. [91]

Secondly, to some objects which have been not included in the list of item 1 of item 1225 GK the Russian Federation, the certain right protection, but not is given by the legislation on intellectual property.

In particular, in territory of the Russian Federation according to the Federal act from April, 12th, 2010 № 61-FZ «About the reference of medical products» [92 [93] [94] names of medical products, and owing to norms of the Code of an internal sailing charter of the Russian Federation from March, 7th, 2001 № 24-FZ and Positions about an order of assignment of the name to vessels of the internal sailing charter approved by the Decision are protected

The ministries of transport of the Russian Federation from October, 2nd, 2003

z

№ 195 the right protection is given to names of vessels.

The specified objects on the basis of the current legislation come under to a right protection, however intellectual property are not.

And thirdly, from the list of protected results of intellectual activity and individualization means objects on which owing to their nature it is impossible to establish the exclusive right are excluded. For this reason in the list of item 1 of item 1225 GK the Russian Federations are absent, for example, opening. And though at theoretical level there are worthy workings out of the concept of special system of a right protection of opening [95], to speak about necessity distribution on these objects of norms of a part of the fourth Civil code of the Russian Federation which core are the positions devoted to regulation of action, order of occurrence and termination of exclusive rights to protected objects, hardly reasonably.

In this connection other reasonable enough ideas about inclusion in the list of protected objects of those results of intellectual activity to which it is impossible to extend the exclusive right will be hardly carried out also.

In particular, O.V.Revinsky, suggesting to develop the special mechanism of a right protection of techniques of training and business methods, notices, that concerning the given objects probably «to provide an indispensable recognition of a right of authorship and even the right to a name. It after all not the trade mark or any other means of an individualization, is result

Intellectual activity! And it is necessary to think of a property right. Certainly, the exclusive right here cannot be, it nevertheless not the technical decision, but quite probably to recognise the right of the author to reception of compensation for use of similar result of intellectual activity »1.

However because the exclusive right cannot be extended to the given objects - they cannot be included in operating system of a part of the fourth Civil code of the Russian Federation.

Various researchers often enough specify on

Imperfection of the formulation of considered point 1 of article 1225 of the Civil code of the Russian Federation. So, subjecting to criticism the list of protected results of intellectual activity and individualization means, the professor A. P.Sergeev notices, that in the specified list as independent object of protection

«The computer programs though further it is told appear, that they are protected as literary works (item 1 of item 1259 GK).« Allocation of the computer programs as independent object IS... Contradicts

Item 4 of Contract VOIS under the copyright 1996 [96] according to which computer programs are protected as literary works in sense of item 2 of the Bern convention on protection literary and works of art »[97 [98].

The professor E. P.Gavrilov adheres to the same sight also, specifying, that «... Computer programs according to last paragraph of item 1 of item 1259 GK the Russian Federation are directly equal to literary works that is why they are not an independent category of protected objects, it is a version of author's products, them

3

It is necessary to exclude from this list ».

However with the given position of researchers to agree not

It is obviously possible. Really, the computer programs it agree item 1 of item 1259 GK the Russian Federation are protected as literary works, however they are independent object of legal regulation, in their relation the special rules which have been not provided by general provisions about a right protection of products are established.

In particular, the computer programs can be registered at will of the legal owner in Federal service on

Intellectual property (item 1262 GK the Russian Federation), and the conclusion

Licence contracts on according a right of use of the computer program, unlike literary works, a science and art, it is supposed by the conclusion by each user with the corresponding legal owner of the contract of adhesion which conditions are stated on a got copy of the program or on packing of this copy (item 3 of item 1286 GK the Russian Federation).

Besides, the formulation of item 1 of item 1259 GK the Russian Federation even in itself does not allow to come to conclusion about a recognition of the computer programs products as in the given norm does not contain positions that they are literary works, is specified only, that they are protected as literary works. After all it is impossible to tell, that, for example, useful models should be struck off the list protected objects of that according to item 1 of item 1390 GK the Russian Federations to carrying out of examination of the demand for useful model are accordingly applied the positions established by items 2, 4 and 5 items 1384 GK the Russian Federation, items 2 and 3 items 1387 GK the Russian Federation, articles 1388 and 1389 GK the Russian Federation to carrying out of examination of demands for inventions.

The prof. And. P.Sergeev, considering a circle of protected results of intellectual activity and individualization means, notices, that «such new object of the adjacent rights as the publication earlier not promulgated product of a science, literature and the art which have passed in public property (item 1337 - 1344 GK the Russian Federation), in the list of protected objects is absent» [99].

Investigating an inclusion question in the list of item 1 of item 1225 GK the Russian Federation of object of the intellectual rights publikatora, it is necessary to address to corresponding positions of the current legislation of the Russian Federation.

According to item 1337 GK the Russian Federation publikatorom admits the citizen who has legally promulgated product of a science, literatures or the arts which earlier not promulgated and have passed in public property or being in public property owing to that it was never protected by the copyright.

It is thus especially noticed, that the rights publikatora extend on products which irrespective of time of their creation could be

The Russian Federations are recognised by objects of the copyright according to rules of article 1259 GK.

Publikatoru the exclusive right to the promulgated product, and also the right to instructions of the name to copies of the product promulgated by it and in other cases of its use, including while translating or other processing of product belong.

Besides, it is necessary to consider and norm of item 1304 GK the Russian Federation according to which objects of the adjacent rights are:

1) executions of actors-executors and conductors, statements of directors - directors of performances (execution) if these executions are expressed in the form supposing their reproduction and distribution by means of means;

2) soundtracks, that is any exclusively sound records of executions or other sounds or their displays, except for the sound record included in audiovisual product;

3) messages of transfers of the organisations of a radio or cable announcement, including the transfers created by the organisation of a radio or cable announcement or under its order at the expense of its means by other organisation;

4) databases regarding their protection from not authorised extraction and a reuse of materials constituting their maintenance;

5) products of a science, the literature and the arts promulgated after their transition in public property, regarding protection of the rights publikatorov such products.

In given article the object of the intellectual rights publikatora is accurately named, it is product of a science, the literature and art. In this connection a position of the prof. And. P.Sergeeva naming with object of the rights

The publication before unpublished product, it is represented at least disputable.

In the list of item 1 of item 1304, as well as. 1 item 1225 GK the Russian Federation is not present any object of the intellectual rights representing action. Object of the rights of the executor is execution (result of performing activity), the manufacturer of a soundtrack - a soundtrack and so on.

Object of the rights publikatora are products of a science, the literature and art, however not any, and only corresponding to the requirements established in the law. As the professor of the Russian school of private law V.O.Kaljatin, this product fairly specifies if not to consider valid time of its creation, should admit object of the copyright under the operating Russian legislation, should not be earlier promulgated, should not be in the state and municipal archives, but should be promulgated for the first time in territory of the Russian Federation or behind its limits the citizen of the Russian Federation or the foreign subject or the stateless person provided that the legislation of the foreign state in which product is promulgated, gives in its territory protection to the exclusive right publikatora, being the citizen of the Russian Federation. [100]

Instructions on that objects of the rights publikatora are only those products of a science, the literature and art which have been promulgated for the first time after their transition in public property, cannot be the basis for their recognition independent objects as the establishment of special requirements to object does not do it as a matter of fact new.

So, GK the Russian Federation recognises as object of the adjacent rights only such databases, which creation (including processing or representation

Corresponding materials) demands essential financial,

Material, organizational or other expenses, but in this case we do not speak about occurrence of new object. Object of the intellectual rights in any case will be the database, thus, if it has been created by creative activity - it is object of the copyright and to such database copyrights and if its creation has demanded considerable expenses admit, but has not grown out of creative activity, it is object of the adjacent rights and, accordingly, on it the adjacent rights admit.

The situation and in a case in point on products of a science, the literature and art is similar. In one case they admit objects of copyrights, other - adjacent. However the object of these rights is always identical - it is product.

Besides, probably to draw some parallel and with the rights of the manufacturer of a soundtrack. If to recognise as object of the intellectual rights publikatora the publication before the unpublished product which have passed in public property object of the rights of the manufacturer of a soundtrack will be soundtrack manufacturing, that in itself it is absurd.

Recognition with the legislator of a soundtrack independent object of the adjacent rights article 1304 GK confirms the Russian Federation, and also inclusion by the legislator of soundtracks in the list of protected objects of item 1 of item 1225 GK the Russian Federation.

Objects of the rights publikatora - products of a science, the literature and art also are named in named articles.

Thus, it is possible to draw a conclusion that the list of objects

The intellectual rights, resulted in item 1 of item 1225 GK the Russian Federation, is full

Also comprises all results of intellectual activity and means

The individualization, protected according to a part of the fourth

The Civil code of the Russian Federation. Thus in the specified

67

The list there are no the non-material objects which right protection is provided by the current legislation in a mode distinct from principles of a part of the fourth GK the Russian Federation (names of medical products, names of vessels and some others).

Investigating problems of classification of objects of the intellectual rights, it is impossible to ignore the known difficulties connected with heterogeneity of protected objects which complicates them even conditional division into some groups.

First of all it is necessary to address to classification which follows from close interpretation of norm of item 1 of item 1225 GK the Russian Federation according to which all objects of the intellectual rights share on results of intellectual activity and means of an individualization of legal bodies, the goods, works, services and the enterprises.

The recognition of company names, trade marks and service marks, commercial designations and names of places of an origin of the goods researchers, as a rule, is not challenged by means of an individualization.

Concerning reference of the remained objects to results of intellectual activity of similar definiteness is not present, and various authors adhere to opposite positions about presence in the list of item 1 of item 1225 GK the Russian Federation of the objects which are not neither means of an individualization, nor results of intellectual activity.

The professor E. P.Gavrilov writes: «As the Russian Federation follows from the text of item 1228 GK, an indispensable sign of result of intellectual activity is presence at this result of the author. Hence, results of creative activity concern: products of a science, the literature and art; the computer programs; databases (as objects of the copyright); executions; inventions; useful models; industrial samples; selection achievements; topology of integrated microcircuits (all 9

Objects). On the other hand, proceeding from usual sense of the term "individualization means", to this category of objects should concern those objects which or something individualise someone, identify. Proceeding from it to the given category should be carried: company names; trade marks; names of places of an origin of the goods; commercial designations (only four objects). Outside of this dvuchlennoj (dihotomnoj) classifications remain following objects: databases (as object of the adjacent right); soundtracks; legal objects publikatora; messages in an aether or on a cable of radio-and telecasts; know-how (only five objects): they cannot be carried neither to results of intellectual activity, nor to individualization means »[101].

E.J.Andreeva adheres to a similar position also,

Approving, that a number of objects of the intellectual rights cannot be unequivocally carried neither to results of intellectual activity, nor to means of an individualization of legal bodies, the goods, works, services and the enterprises. [102]

At the same time E.A.Pavlova notices, that «article 1228 operates only concerning results of intellectual activity. In most cases they are created by creative activity of the concrete people, which items 1 of article in a broad sense names authors such

Results. However it is necessary to consider, that in some cases the law carries to results of intellectual activity also the non-material objects which right protection arises not in connection with their creative character. Their value depends on material inputs and organizational efforts of the person to which such protection is given, and

The concrete author at these objects or is absent, or protection of its rights is carried out by means of other legal toolkit. All objects of the adjacent rights concern such results of intellectual activity, except the rights to execution, and also know-how (know-how). Thus, item 1228 concerns only those results of the intellectual activity which legal regime is directed on protection of interests of their authors »[103].

It is represented, that the identification of results of intellectual and creative activity is inadmissible. Any result of creative activity grows out of activity intellectual, but not any result of intellectual activity can be created creative activity.

Prof. E. P.Gavrilov, certainly, the rights, naming results of creative activity of product of a science, the literature and art, the computer program, a database (as objects of the copyright), executions, the inventions useful to model, industrial samples, selection achievements, topology of integrated microcircuits. The listed objects always have an author, and they are created by creative activity. However it does not mean, that there can not be other results of intellectual activity.

Article 1228 GK does not establish the Russian Federation, that any result of intellectual activity by all means should have an author, it only fixes its legal status in the event that the corresponding result of intellectual activity is created by creative activity and has the author.

In this connection it is possible to say that division of objects of the intellectual rights into results of intellectual activity and

Individualization means are settled by all list of protected objects.

Analyzing system of norms of a part of the fourth Civil code of the Russian Federation, probably to come to conclusion that the legislator groups some objects: so, for example, the inventions useful to model and industrial samples are protected by a patent right and norms about them are placed in one chapter, similarly in a category of the objects protected by the copyright, products of a science, the literature and art, the program for electronic computers and "creative" databases have got.

However to say that a certain classification takes place, it is not obviously possible owing to that too big number of objects drops out of it.

So, for example, norms about a right protection of objects of a patent right contain in one chapter GK the Russian Federation (except for general provisions), and to such objects as selection achievements, topology of integrated microcircuits, know-how (know-how) are devoted separate heads of a part of the fourth Civil code of the Russian Federation.

Researchers undertake numerous attempts to create universal classification of objects of the intellectual rights.

However the similar aspiration often faces a problem of impossibility of unequivocal reference of some results

Intellectual activity to a concrete category protected according to a part of the fourth Civil code of the Russian Federation of objects.

Professor S. A.Sudarikov suggests to divide objects on two categories, first of which constitute objects author's and the adjacent rights, and the second - objects of industrial property. [104]

Circle of objects of the copyright, in its opinion, constitute:

- Literary works;

- Scientific products;

- Scientific and technical products;

- Fine arts products;

- Applied art products;

- Architecture products;

- Photographic products;

- Audiovisual products;

- Cartographical products;

- Computer programs;

- Databases;

- Multimedia products;

- Network products;

- The software;

- The classified information.

To objects of the adjacent rights of prof. S.A.Sudarikov carries musical, is musical-drama, drama,

Choreographic, audiovisual executions, soundtracks, transfers of the organisations of an announcement, investment databases, «posthumous products» (probably, this word-combination is meant as the products for the first time published after their transition in public property - objects of the rights publikatora).

To industrial property it carries the inventions useful to model, industrial samples, topology of integrated microcircuits, selection achievements, trade marks and service marks, company names and names of places of an origin of the goods.

Many decisions of the author are represented at least disputable. So the reasons of reference of know-how to objects of the copyright, for example, are not clear.

Besides, not always unequivocally in itself reference of this or that object to an industrial property category as in the current legislation this term does not contain, and the Parisian convention on protection of industrial property from 1883 contains rather indistinct definition: «Industrial property

It is understood in the widest sense and extends not only on the industry and trade in the true sense words, but also and on agricultural production and mining industry area and on all products of an industrial or natural origin, as, for example: wine, grain, a tobacco leaf, fruit, cattle, fossil, mineral waters, beer, flowers, a flour »(item 1 item 3). As an example of similar uncertainty probably to result topology of integrated microcircuits which some researchers concern objects of the copyright. [105]

One of the most successful classifications of objects of the intellectual rights is offered E. P.Gavrilovym and K.B.Leontevym which suggest to divide protected objects into some following groups:

- Objects of the author's and adjacent rights;

- Objects of a patent right;

- Individualization means;

- Nonconventional objects of intellectual property. [106]

In this case objects of the copyright products of a science, the literature and art, the computer program and "creative" databases, and objects of the adjacent rights - executions, soundtracks, an announcement of the organisations of a radio and cable announcement, "not creative" databases and objects of the rights publikatorov products admit.

The list of means of an individualization coincides with the objects protected according to norms of chapter 76 of a part of the fourth Civil code of the Russian Federation: company names, trade marks and service marks, names of places of an origin of the goods, and also commercial designations.

In the list of nonconventional objects of intellectual property selection achievements, topology of integrated microcircuits and know-how (know-how) are called.

The given approach is represented thought over enough owing to that the allocated groups differ similarity of principles of a right protection, and also used legislative designs. For example, objects of the author's and adjacent rights are consolidated by the basis of occurrence of a right protection, individualization means - mission of objects, and also absence of a recognition of the person of the author, and accordingly and the personal non-property rights.

However the given classification also is not deprived separate lacks in view of heterogeneity of objects even first three categories, let alone nonconventional objects of the intellectual rights.

Principles of a right protection of all means of an individualization are various: trade marks (including service marks) and names of places of an origin of the goods come under to the state registration in

To federal service on intellectual property (item 1479 GK the Russian Federation, item 1517 GK the Russian Federation), company names should be included in the uniform state register of legal bodies (item 1475 GK the Russian Federation), and commercial designations at all do not come under to the state registration (item 1540 GK the Russian Federation); the exclusive right to trade marks oborotosposobno (the item of item 1488-1489 GK the Russian Federation), the order is not supposed by the exclusive right to the company name and the name of a place of an origin of the goods in any forms (item 2 of item 1474 GK the Russian Federation, item 4 of item 1519 GK the Russian Federation), the exclusive right to a commercial designation can pass to other person only as a part of the enterprise (item 4 of item 1539 GK the Russian Federation).

Objects of copyrights (product of a science, the literature and art, the computer program, and also "creative" databases) also essentially differ from objects of the adjacent rights because the majority of the last are not created by creative activity, but also essential difference in periods of validity of exclusive rights and an order of their calculation takes place also.

Rules of granting of a right protection are not identical also to objects of a patent right as the invention and useful model are technical decisions, and the industrial sample - hudozhestvennokonstruktorskim. Besides, some researchers carry to objects of a patent right and selection achievements. [107]

One more way of classification is attempt of crushing of groups of objects of the intellectual rights to such degree while in each of them there will be no some objects having the maximum similarity with each other.

To create universal classification of objects of the intellectual rights, professor V.A.Dozortsev has built in due time the scheme of objects and means of protection corresponding to them.

V.A.Dozortsev allocated:

1. Results of creative activity with priority value the forms protected on the basis of so-called sozidatelskoj of system (the basis of occurrence of the intellectual rights to the given objects the fact of their creation is): products of a science, the literature and art, and also execution.

2. Results of creative activity for which priority value has a being, protected on the basis of registration system (registration has konstitutivnoe value): the inventions useful to model, industrial samples, biological objects, the computer programs (with the reservation).

3. Results of creative activity with priority value the beings protected on the basis of system of confidentiality: a know-how, details.

4. Results of coordination activity for which the form has priority value, protected on a basis sozidatelskoj systems: zvuko - and videorecordings, radio-and telecasts.

5. Results of coordination activity with priority value the beings protected on the basis of system of confidentiality: a know-how (data about new complex objects of technics).

6. The means of an individualization protected on the basis of registration system: trade marks, company names, names of places of an origin.

7. The means of an individualization protected on the basis of system of common knowledge (fixing of the right without registration): commercial designations.

8. The non-material rights and the interests of the person based on «to system of fastening of the non-property rights and the blessings». [108]

The offered scheme is rather elegant and considers many factors disregarded by other authors, however it is bulky enough - now item 1225 GK the Russian Federation contains the list from sixteen objects and their division into eight groups hardly expediently.

Besides, causes certain disputes and division of protected results of intellectual activity on for what the form and for what priority value has the maintenance has priority value.

So, for example, in spite of the fact that many researchers admits, that the copyright essence consists in protection of the form of product, instead of its maintenance [109 [110], there is an opinion that the copyright urged to protect product as set of the form and

3

Maintenances.

K.B.Leontev notices, that «the attempt undertaken by prof. V.A.Dozortsevym to give classification of objects of exclusive rights by ways of isolation and corresponding ways of protection leads to boundless expansion of the list of kinds of such objects: results of creative activity for which the form or the maintenance has priority value; results of coordination activity (the producer rights); the means of an individualization protected owing to registration or common knowledge, and even" the non-material rights and interests of the person ", having public character» [111].

Similar lacks are not deprived also other attempts of classification of objects of the intellectual rights on this basis.

E.A.Kondratyev specifies, that protected objects can be meted on groups depending on the moment of occurrence of the right to them.

It is offered to include objects of the copyright and the adjacent rights in the first group, and also topology of integrated microcircuits which are protected from the moment of creation - owing to occurrence of object and its expression in the objective form provided for the given kind by the legislator.

The author carries the objects which are coming under to obligatory state registration to the second group: the inventions useful to model,

Industrial samples, selection achievements, trade marks and service marks, names of places of an origin of the goods.

The third group is offered to be generated from objects, for occurrence of the rights on which it is not required obligatory participation of specialised state body and obligatory state registration, but the legislation provides certain conditions of occurrence of the rights to this object which should be executed the legal owner: a know-how, a commercial designation and the company name. [112]

Besides, E.A.Kondratyev also offers classification by kinds of the intellectual rights recognised on concrete object.

In the first group objects on which there is all complex of the intellectual rights - the exclusive right, personal come under to inclusion

WITH. 36-37.

Non-property and other rights: products of a science, the literature and art, the computer program, "creative" databases, executions, the inventions useful to model, industrial samples, selection achievements, topology of integrated microcircuits.

Objects on which admits two of three kinds of the intellectual rights concern the second group: soundtracks, "not creative" databases, and also products of a science, the literature and the arts promulgated after their transition in public property.

The third group joins objects on which the exclusive right admits only: messages of radio-and telecasts, a know-how, company names, trade marks and service marks, names of places of an origin товаров.1

The given classifications have unless theoretical value as according to them the objects which do not have practically anything general with each other are grouped. So, on the first classification in one group there were trade marks and inventions, and on the second - a know-how and company names. With the same success it is possible to spend classification of objects of the intellectual rights by the first letters of their names and to carry to one category of the invention and execution, to another - trade marks and topology of integrated microcircuits, to the third - useful models, industrial samples, the computer programs and products of a science, the literature and art and so on.

The list of protected objects presented to item 1225 GK the Russian Federation, consolidates in itself extremely diverse elements and attempts of their classification, trying to overcome existing in the Civil code of the Russian Federation division into results of intellectual activity and individualization means, are reduced or to E.A.Obekty's 1 Kondratyev's division of the intellectual rights: features of a right protection. With. 40.

79

Objects on groups on any way chosen bases, or to creation of actually separate categories for each of them.

One of the few that consolidates all protected results of intellectual activity and individualization means is a granting of the exclusive right to the given objects.

As professor A. L.Makovsky fairly marks,

The exclusive right to results of intellectual activity and to means of an individualization of the goods, works, services, the enterprises and legal bodies, its objects and subjects, the maintenance of this right, its restriction and limits, the features distinguishing the exclusive right from the subjective civil rights of other types, its concept and kinds, terms and action sphere - the decision of these questions in rules of law in aggregate forms and almost settles that branch of objective civil law which it is accepted to name "intellectual property right". [113]

In this connection it is represented expedient to be limited to existing division of protected objects into results of intellectual activity and individualization means.

It is necessary to recognise as results of intellectual activity products of a science, the literature and art, the program for

Electronic computers (computer program), database, execution, soundtrack, the message in an aether or on a cable of radio-or telecasts (an announcement of the organisations of a radio or cable announcement), the inventions useful to model, industrial samples, selection achievements, topology of integrated microcircuits, know-how (know-how).

Individualization means are company names, trade marks and service marks, names of places of an origin of the goods, commercial designations.

M: the Statute, 2010. - With. 590.

Having considered general provisions on objects of the intellectual rights (intellectual property), and also their existing

Classifications, it is obviously necessary to address to research of the bases of occurrence and the termination of the intellectual rights to protected results of intellectual activity and means of an individualization of legal bodies, the goods, works, services and

The enterprises.

2.2.

<< | >>
A source: Zimin VLADIMIR ANDREEVICH. the LEGAL NATURE of the INTELLECTUAL RIGHTS UNDER the LEGISLATION of the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the master of laws. Moscow. 2015

More on topic 2.1. Objects of the intellectual rights and their classification:

  1. § 3. Classification of derivative objects of the intellectual rights
  2. the rights of spouses to the material carrier of objects of the intellectual rights
  3. § 2. The termination of the intellectual rights to derivative objects
  4. § 1. Realisation of the intellectual rights to derivative objects
  5. § 1. Occurrence of the intellectual rights to derivative objects
  6. of the Right to objects of the intellectual rights, a part of property of spouses
  7. the alternative approach to classification of the intellectual rights as result of presence or absence of a property component in their maintenance
  8. § 2.4. Personal non-property and other intellectual rights in siyosteme objects of the law of succession: the basic features and harakteyoristiki
  9. Chapter 2. Occurrence and the termination of the intellectual rights to derivative objects
  10. 2.2. Kinds and the maintenance of the intellectual rights and the rights connected with intellectual property, provided by a part of the fourth Civil code of the Russian Federation
  11. 2.1. Concept and essence of the intellectual rights. System of the intellectual rights under the current legislation
  12. CHAPTER 2. The BASIC CHARACTERISTIC of PROTECTED OBJECTS And the BASES of OCCURRENCE And the TERMINATION of the INTELLECTUAL RIGHTS
  13. § 1. International legal protection of the rights of authors, executors and manufacturers of soundtracks concerning use of objects of intellectual property in a network the Internet
  14. § 2. A place of objects of patent rights in system of objects of the civil rights, defined by specificity of their legal regime
  15. the ANALYSIS of the LEGAL NATURE of the INTELLECTUAL RIGHTS. SYSTEM of the INTELLECTUAL RIGHTS
  16. the bases of occurrence and the terminationof the intellectual rights to results of intellectual activity and individualization means
  17. Yeliseyev Vitaly Igorevich. the CIVIL-LAW MODE of DERIVATIVE OBJECTS of the INTELLECTUAL RIGHTS. The dissertation on competition of a scientific degree of the master of laws. Moscow -, 2017 2017
  18. Rastorguev Anastas Alekseevna. of the Right of spouses to the objects of the intellectual rights created and got in marriage and their material carriers. The dissertation on competition of a scientific degree of the master of laws. Moscow, 2017 2017
  19. a parity of concepts "intellectual property" and «the intellectual rights» under the legislation of the Russian Federation