rapidly growing Internet increasingly becomes the cause of a dispute about intellectual property rights and, as a result of litigation in both domestic and international.
To avoid this situation, you should be clear on what constitutes intellectual property and what are their views.To answer these questions it is necessary to turn to legal doctrine in the industry.
Intellectual property - the nature and types .
Traditionally jurists consider the beginning of formation of this branch of law the second half of the XX century, in spite of the fact that the first international instruments have been adopted as early as 1883 - 1886 (referring to the Paris Convention in 1883 and the Berne Convention 1886).After examining the totality of international treaties and GKRF part 4, can be derived:
Intellectual property - is the result of mental activity a person has a perfect, disembodied and specific form of vesting.
Symptom ideal is based on the fact that the objects under consideration are in itself the only true solution to the problem in the specific conditions of the moral, industrial or otherwise.From this it follows that intellectual property does not appear in materialized (physical) form (second characteristic), but the expression of them could carry a material nature.The latter feature - a specific form of fixing the right - determined by the type of objects that are traditionally divided into two categories: industrial property and copyright.
Objects copyright .
These objects were the most frequent subject of abuse on the Internet.This group includes:
• all literary works (including excerpts from them, or the names / names of characters and places, as well as translations)
• scientific works (among them, including relate and abstracts, theses, as well as computer programs);
• choreographic, musical and audiovisual works
• Advertising slogans and aphorisms;
• painting, sculpture and architecture - this group may also be included and a photo.
worth noting for copyrights, there is no need to special registration.It occurs in the process of creation.However, for greater protection of such objects it is recommended to fix the specialized agencies for the protection of copyright.
This category is to do one thing, but weighty remark.Any object of the above, ceases to be the author, if it was created as a result of professional activity.For example, the image was made on the instructions of the editorial board.
Closely associated rights of the authors of so-called"Related rights" - performances of artists and conductors, databases, phonograms, transmission of information and developing character.
objects of industrial property .
emergence of this category of objects and, accordingly, the right to sub-sector was necessary at the end of the XIX century due to the rapid development of the industry and the emergence of a large number of inventions.There are the following categories:
1. industrial designs, inventions and utility models - these types subject to the rules on patents;
2. objects individualization of commercial entities - name, service mark, logo, trade mark;
3. unconventional intellectual property - trade secrets, integrated circuits and selection achievements.
This category of objects has a distinctive feature - for the emergence of rights of the defense require their registration.It is worth noting that, unlike the rights of authors of objects, for which registration is not necessary, and the protection is valid in all countries, industrial property must be registered in each state in which they are to be distributed.
special position in this category of non-traditional take intellectual property.They are characterized by signs of copyright - are products of scientific activity.But these facilities are aimed at profit and, therefore, should be referred to industrial property rights.Lawyers have decided that the latter feature is crucial, and therefore considered intellectual property - it is part of the second category, and they are subject to its legal regime.
variety of representations of objects underscores the need for proper protection regime for the results of intellectual activity, especially in a rapidly developing means of disseminating information.