Intellectual Property Right (materials)

The Concept of Intellectual Property (PDF)

What is Intellectual Property Law?

The Notion of Intellectual Property Right:
Intellectual property right shall be the rights of an entity to the results of intellectual, creative activity or to another object of intellectual property right established by law.
Intellectual property right shall consist of personal non-proprietary intellectual rights and/or proprietary intellectual rights, the contents thereof with respect to specific objects of intellectual property rights are established by law.
Intellectual property right shall be inviolable: no person can be deprived of the intellectual property right or restricted in the exercise thereof, except for the cases stipulated by the law.

Correlation of Intellectual Property Right and Proprietary Right:
Intellectual property right and proprietary right in an object do not depend on each other.
Transfer of the right in the object of intellectual property right does not mean transfer of the proprietary right in the object.
Transfer of the proprietary right in the object does not mean transfer of the right in the object of intellectual property right.

Objects of Intellectual Property Right:
Objects of intellectual property rights include, in particular:
works of literature and art;
computer programs;
data compilation (database);
performances;
phonograms, video grams, and media broadcasts (programs);
scientific discoveries;
inventions, useful models, and industrial samples;
chip configurations (topographies);
rationalization proposals;
plant varieties and animal breeds;
commercial (brand) names, trademarks (for goods and services), geographical designations;
commercial secrets.

Subjects of Intellectual Property Right:
Subjects of intellectual property right shall be: creator(s) of the object of intellectual property right (the author, the performer, the inventor, etc.) and other persons who own personal nonproprietary and proprietary rights in intellectual property pursuant to law or agreement.

Personal Non-Proprietary Rights of Intellectual Property:
Personal non-proprietary rights of intellectual property shall be:
1) the right to recognize an individual as a creator (an author, a performer, an inventor, etc.) of the intellectual property right object;
2) the right to prevent any encroachment on the intellectual property right that may damage the honor or reputation of the creator of the intellectual property right object;
3) other personal non-proprietary rights of intellectual property established by the law.

Proprietary Rights of Intellectual Property:

Proprietary intellectual property rights shall include:
1) the right to use an object of intellectual property right;
2) the exclusive right to allow to use an object of intellectual property right by other persons;
3) the exclusive right to hinder the unlawful use of an object of intellectual property right, including to prohibit such use;
4) other proprietary rights of intellectual property stipulated by the law.

Copyright Objects:

  1. Objects of copyright shall be the works, namely:
    1) works of literature and arts, including:
    novels, poems, articles and other written works;
    lectures, speeches, sermons and other oral works;
    dramatic and musical drama works, pantomimes, choreography, and other works created for stage presentation;
    musical works, with or without lyrics;
    audio visual works;
    works of painting, architecture, sculpture and graphics;
    photographic works;
    works of applied art;
    illustrations, maps, layouts, drawings, and plastic works relating to geography, topography, architecture or science;
    translations, adaptations, musical arrangements, and other versions of literary and artistic works;
    collections of works provided that they result from intellectual activity involving selection or arrangement of their components;
    2) computer software;
    3) data compilations (databases) provided that they result from intellectual activity involving
    selection or arrangement of their components;
    4) other works.
  2. The works shall be the objects of copyright without observation of any formalities in respect thereof, regardless of their completion, purpose, value, etc., as well as the method and form of promulgation.
  3. Copyright shall not cover the ideas, processes, methods of operation or mathematic concepts as such.
  4. Computer software shall be protected by copyright as the works of literature.
  5. Data or any other information compilations (databases) shall be protected as such. Such protection shall not extend to the data or to information itself, nor shall it affect any copyright with respect to the data or the information contained in the compilation.

Legal Protection of Commercial Name:

  1. Commercial name shall be legally protected in case this protection can make possible to distinguish one person among the others and does not divulge the consumers regarding its true operation.
  2. The intellectual property right to a commercial name shall be valid since the moment of the first use of this name and shall be protected without compulsory submission of an application to it or its registration irrespective of the fact whether this commercial name is or is not the part of the trade mark
  3. Information about the commercial name can be entered to the registries procedure of keeping thereof shall be established by the law.

Trademark:
A trademark can be any designation or any combination of designations capable to distinguish the goods/services produced/provided by one entity from the goods/services
produced/provided by the other entities. Such designations can include, among others, words, letters, digits, pictorial elements, combination of colors.

The Notion of Commercial Secret:
A commercial secret shall be the information which is secret in a sense that it is as a whole or as a specific form and in the aggregate of its component is unknown and is not easily accessed by the persons who usually deal with the type of information it belongs to and due to this has a commercial value and was a subject of the measures, adequate to the existing circumstances to preserve its secrecy, undertaken by a person who legally controls this information.

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