Objects of intellectual property - essence and types

The rapidly developing Internet is increasingly becoming the cause of disputes about intellectual property rights and, as a consequence, litigation of both internal and international nature.

In order to avoid such a situation, one should clearly understand what the objects of intellectual property are and what their types are. In order to answer the questions posed, one must turn to the legal doctrine of this branch.

Objects of intellectual property - essence and types .

Traditionally, lawyers consider the beginning of the formation of this branch of law the second half of the 20th century, despite the fact that the first international acts were adopted as far back as 1883-1886 (the Paris Convention of 1883 and the Bern Convention of 1886). Having studied the whole set of international treaties and part 4 of the GCRF, one can deduce:

The objects of intellectual property are the result of a person's mental activity, possessing ideality, disembodiedness and a specific form of entrenchment of rights.

The sign of ideality is based on the fact that the objects in question are the only true solution to the problem in specific moral, industrial or other conditions. From this follows: objects of intellectual property do not appear in the embodied (bodily) form (the second characteristic feature), but their expression may well be material in nature. The last sign - a specific form of fixing rights - is determined by the type of objects that are traditionally divided into two categories: industrial property or copyright.

Objects of copyright .

It is these objects that have become the most frequent objects of encroachment on the Internet. This group includes:

• all literary works (including excerpts from them or names / names of heroes and localities, as well as translations);

• scientific works (including, among other things, abstracts, theses, and computer programs);

• choreographic, musical and audiovisual works

• advertising slogans and aphorisms;

• Painting, sculpture and architecture - this group can also include a photograph.

It is worth noting, for objects of copyright there is no need for special registration. It occurs during the creation of a work. However, for greater protection, such objects are recommended to be fixed in specialized bodies for the protection of copyright.

To this category it is necessary to make one, but a weighty remark. Any object, from the above, ceases to be copyright, if it was created as a result of professional activity. For example, the image was made on the instructions of the editorial staff.

Closely related to the objects of the right of so-called authors. "Objects of related rights" - performances by artists and conductors, databases, phonograms, information and developing programs.

Objects of industrial property .

The appearance of this category of objects and, accordingly, the sub-sector of the law became necessary at the end of the XIX century due to the rapid development of industry and the emergence of a large number of inventions. There are the following categories:

1. industrial designs, inventions and utility models - these species are subject to the patent law;

2. Objects of individualization of commercial entities - the name of the organization, service mark, logo, trade mark;

3. non-traditional objects of intellectual property - commercial secret, topology of integrated microcircuits and selection achievements.

This category of objects has a distinctive feature - for the emergence of rights to protection, their state registration is necessary. It should be noted that, unlike the objects of authors' rights, for which registration is not needed, and protection is effective in all countries, industrial property objects must be registered in each state where they are planned to be distributed.

Special position in this category is occupied by non-traditional objects of intellectual property. They are characterized by signs of objects of copyright - these are products of scientific activity. But these objects are aimed at making profit, and, therefore, should be attributed to the law of industrial property. Lawyers decided that the last feature is decisive, and therefore the objects of intellectual property under consideration are part of the second category, and they are subject to its legal regime.

The diversity of the represented objects only emphasizes the need to establish the correct regime for protecting the results of mental activity, especially in the rapidly developing media.