Concept and general provisions of the intellectual property in the Russian Federation.
existence of the legal institution called intellectual property legislation was consolidated for the first time in the Law "On property in the RSFSR."This law stated that intellectual property are the works of literature and art, science and the results of other types of human creativity.
Currently, public relations in the field of modern legal institution - intellectual property, regulated by normative acts of higher legal force.These include the Russian Constitution and the Civil Code of Russia.In particular, it is disclosed in the above code the concept of intellectual property, which should be understood by the right to the exclusive character, both physical and legal entities on the results of intellectual activity.By the results of the activities are considered means of product differentiation of the legal entity, the work performed or services.The owners of this type of property act as citizens of our country, and legal persons.Feature of this type of property is that it is the creator of a work or other subject of copyright has the exclusive power to use the results of their work and no one else can use the product without copyright permission.The modern interpretation of intellectual property states that there are two broad categories of products of creative activity - are objects of copyright and related rights, in addition, industrial property.Objects of copyright include literary and scientific works, also works of art.An example of industrial property can be considered, such as trade secrets.Copyright
as a category of intellectual property protected by the Law "On Copyright and Related Rights".Copyright includes two types of rights - it is economic and moral rights.To include non-property rights of the creator of authorship, the right to allow or deny use of the work under his name or pseudonym, similar rights to publication of the results of work of the author, the right to protect their works from infringement by third parties.The peculiarity of this kind of rights is that they always remain with the creator of the product creation and can not be transferred to others by way of a contractual relationship or inheritance.As for property rights, it is in this type of competences include reproduction or public performance of the work, the translation of its modifications, or other actions.This type of income they generate rights holder.Thus, they are subject to the area of ​​contractual relations.By agreement between the parties, they may be transmitted due to a period on the basis of exclusive or nonexclusive type.Rights transferred on an exclusive basis, involve the right to use them the subject who has been given authority.It should make a reservation that moral rights of authors personal nature are not governed by public relations arising in the field of intellectual property.They exist in the legal field of civil laws that protect non-material values.According to Russian law, the principal form of such protection is non-pecuniary damage.Property rights are protected by the civil law protection measures.
