Intellectual property. Objects of Copyright.

The concept and general provisions of intellectual property in the Russian Federation.

The existence of a legal institution called intellectual property was legislated for the first time in the Law "On Property in the RSFSR". This law indicated that the objects of intellectual property are works of literature and art, science and the results of other forms of human creative activity .

Currently, public relations in the field of modern legal institution - intellectual property, are regulated by normative acts of higher legal force. These include the Constitution of the Russian Federation and the Civil Code of Russia. In particular, it is in this code that the concept of intellectual property is disclosed, which implies the right of an exclusive nature, both physical and legal, to the results of intellectual activity. The results of the considered type of activity include means of individualization of products of a legal entity, works or services performed by it. The owners of this type of property are citizens of our country, as well as legal entities. A feature of the type of property in question is that it is the creator of a work or other object of copyright that has exclusive powers to use the results of his work and no one else can use the copyright product without the permission of the copyright holder. The modern interpretation of intellectual property says that there are two broad categories of products of creative activity - these are objects of copyright and related rights, in addition, objects of industrial property. The objects of copyright include works of literature and scientific works, besides works of art. An example of industrial property can be considered, for example, trade secrets.
Copyright as a category of intellectual property is protected by the Law "On Copyright and Related Rights". Copyright includes two types of rights - property and non-property rights. The non-property rights include the right of the creator to authorship, the right to authorize or prohibit the use of a work under his own name or pseudonym, the same rights to publish the results of the author's work, the right to protect his work from the encroachment of third parties. The peculiarity of this type of rights is that they always remain behind the creator of the product of creativity and can not be transferred to other persons in the order of contractual relations or by inheritance. As for property rights, this type of competence includes the reproduction or public performance of a work, translation, its alteration and other actions. This type of rights bring income to their owner. Thus, the area of contractual relations extends to them. By agreement between the parties, they can be transferred for a stipulated period, on the basis of an exclusive or non-exclusive type. Rights transferred on an exclusive basis presuppose the right to use them by the subject to whom the power is given. It should immediately be stipulated that non-property rights of authors of personal property are not regulated by the sphere of social relations arising in the sphere of intellectual property. They exist in the legal field of civil law, which protect intangible goods. According to Russian legislation, the main form of such protection is the compensation of moral harm. Property rights are protected through civil-law protection measures.