If intellectual property is immaterial, what is the object of the property?Properties in this case, is the author's rights to results of intellectual activity.This right has a dual nature.On the one hand, the author of intangible property and the creator of the material object have similar property ownership rights as the right to intellectual property ensures its owner a unique opportunity to enjoy the result of your own, and send to others, ieit is similar to the ownership of the material objects (property rights).On the other hand, along with the right to property, there is a spiritual right of the creator to the result of creative work, the so-called right of the author.That is copyright - a set of moral (relating to personality) rights that can not be alienated by its owner due to their nature, and property rights.Therefore, if the property (economic copyright) the result of creative activity can be separated from the author (transferred to another person in a limited or unlimited use), the author's moral rights can not be separated from the creator of the product and can not be transferred to another person.
From the above it can be said that intellectual property is the sum of the triad of property rights (the right to own the right to use, the right to dispose) and non-property rights (right of authorship).Some jurists consider that the right to intellectual property - is the exclusive right of the copyright owner (the author) to permit or prohibit other persons to use the results of creative activity.The property (economic) and personal (moral) right to the result of human intellectual activity are interrelated and closely intertwined, so obrazut indissoluble unity.The duality of this right, the most important feature of intellectual property.
Despite the fact that the authorship of creative and "industrial product similar between them, there are significant differences. First, industrial property rights may arise from a legal entity, with the agreement that created the object of creative activity and carried out his artistic career.As for personal property rights are not, in this case, there are great difficulties in the processing of work and the prohibition of making changes in it.