Intellectual activity. Rights to the results of intellectual activity

A proprietary right is considered absolute. However, it is not the only legal category characterized in this way. The rights to the results of intellectual activity are also considered as absolute. These two categories of legal opportunities have significant differences between themselves. Let us consider them in more detail.

Law of intellectual activity

The result of physical labor is usually things. Intellectual activity is considered as intellectual (creative, intellectual, spiritual) work of people in the field of technology, science, art, literature, artistic design. Meaningful and consciously acts every person performing any other labor operations. For example, it can be said about the typesetter in a printing house printing textbooks. Meanwhile, in the legal sense, intellectual activity is not considered material-production. It does not finish producing printed publications as things. Intellectual activity, above all, is considered spiritual. Its result, in particular, can serve as the creation of an ideal conceptual system within a certain discipline. The same type-maker, for all the importance of his work, only reifies the ideal results of intellectual activity. The legal opportunity to work is enshrined in the Constitution. In this case, the work can be very different. The main condition for its implementation is legality. Regardless of the sphere in which a person works - industrial or intellectual - the results of his activities, as well as it should not infringe upon the rights and freedoms, interests of other persons. Work, therefore, should benefit people.

Objects of intellectual activity

They are products that are called, depending on their nature, works of art, literature, the achievement of science, an industrial design , etc. Specific conditions for use and protection are applied to every result of intellectual activity. Legislation, among other things, provides a system for the protection of their authors. Meanwhile, the development of intellectual activity determined the identification and generalization of a number of common features inherent in all of its products.

Ideal nature

It is inherent only in products of intellectual activity. The results of physical labor do not possess an ideal nature. Scientific and technological achievements act as specific systems of specific categories or concepts. Artistic and literary works are represented in the form of a special system of combined images. Of course, all these categories are expressed by digital, alphabetic and other signs, symbols, sound, pictorial means. Quite often they exist on quite material carriers. It can be paper, stone, film, canvas, etc. Nevertheless, they do not cease to be ideal by themselves. As any non-material object, products of intellectual activity do not have a natural form, they are not subject to depreciation, wear. Only moral obsolescence is inherent in them.

Legal categories

The right is not able to directly influence the mental processes in the human brain. They remain outside the scope of the distribution of regulatory requirements. Meanwhile, without the ability to exert direct influence on the thought processes resulting in the creation of products of intellectual activity, legal discipline can positively influence them. This is achieved through the development of regulatory forms, within which scientific, technical and other types of intellectual activity are organized, as well as fixing them in definitive provisions on the conditions for the protection of its works.

Means of individualization

In normative acts, the rights to the results of intellectual activity are fixed. Together with them, the means of individualization are under protection . They also act as intellectual products of man. There are means of individualization of services, legal entities, works, products. These include, in particular, brand names, trademarks, the name of the places of origin of products, etc. They are used by subjects of civil circulation to personify themselves and their services, products, works. The main value of the means of individualization, in contrast to scientific and technical, artistic, literary and other works, is, in fact, not in themselves, but in the opportunity with their help to create a healthy competitive environment through the differentiation of both individual entrepreneurs and products that They produce, the work they do, or the services they provide. In addition, the exclusive right to the means of individualization is not legally secured for the developer (designer, for example), but for the entity that registered it in his name.

Value

The ideal nature of the products of intellectual activity does not indicate the insignificance or detachment of mental labor from the production of things and other values needed by people. Scientific and technological achievements, for example, contribute to the development of the most rational options for the use of natural resources in the interests of mankind. Design, art, literature are of great importance for the process of shaping the spiritual world of people. In modern market conditions, the wide and timely use of products of mental work contributes to improving the effectiveness of entrepreneurial activity, competitiveness and quality of services, products. Legally fixed opportunities to dispose, own, use useful models, inventions, industrial designs, trademarks and other forms of designation are the most important component of intangible assets of any business entity. Together with other values, they can be invested in entrepreneurship and other spheres of society. The property right to the results of mental work can also be a contribution to the capital of an economic partnership or other association.

Normative provision

A key role in the formation of conditions for the protection and use of intellectual products belongs to civil law. Despite the fact that it does not have the ability to directly influence the processes of such labor, it can have a positive organizing influence on the relations connected with the protection and practical use of its results. Exclusive rights, acting as a legal institution, perform the following functions:

1. Establishment of a special mode of using mental products.
2. Recognition of authorship of the result of intellectual activity.
3. Moral and material encouragement.
4. Protection of interests of authors, employers and other entities that acquire exclusive rights.

An Important Moment

Recognition of authorship may or may not depend on the registration of a product activity. The first is typical, for example, for works of literature, art, scientific achievements, etc. The second is typical for industrial designs, utility models, inventions. The exclusive right establishes a special mode for using the result of intellectual work. It determines who has the legal opportunity to apply it in practice, and who does not. They provide authorization of authors of scientific achievements, literary and other works, designers, inventors, and also their employers and other subjects with individual property and non-property rights, establish the forms and ways of their protection.

Conclusion

In the general regulations that are present not only in the Civil Code, but also in other legislative acts, specific features of the formation of legal entities are fixed, for which research, development, theatrical, literary and other intellectual activity is fundamental. The legal acts also determine the procedure for the creation of their separate property, the rules for reorganization and liquidation. In some cases, to ensure a more clear separation of exclusive and proprietary legal possibilities, the legislation directly emphasizes that the authorship of a work, for example, is not related to the ownership of the object in which it is expressed.