What is intellectual property and how to protect it

What is Intellectual Property

This is the resultCivil Code of the Russian Federation Article 1225 mental activity and everything that can be equated to it: texts, photos, inventions and so on. The author admitsCivil Code of the Russian Federation Article 1228 a person whose creative efforts have led to the creation of a product. If there are several creators, they jointly own the results of intellectual activity. The right of authorship cannot be taken away, even if the person himself refuses: it is inalienable.

But there is still an exclusive rightCivil Code of the Russian Federation Article 1229. Exclusive rightthat allows you to distribute the result of intellectual activity in any legal way or prevent others from doing it. And it is already allowed to transfer it under the contract.

For example, a journalist writes material and transfers the exclusive right to the publication. He is still the author of the text. But the media itself decides what to do with the material: when to publish, how to reissue. A journalist cannot change his mind and prohibit it if he has signed a contract.

If someone wants to use an intellectual property object, he must obtain permission from the copyright holder. Intellectual property rights do not depend on who owns the material medium on which they are presented. Let's say if a person buys a book, he does not receive the right to dispose of its contents.

How intellectual property is protected depending on its type

There are several categories of rights that are protected by law in this area.

Copyright

These are intellectual rightsCivil Code of the Russian Federation Article 1255. Copyright on works of science, literature and art, programs for computers, databases. The creator, in addition to the copyright and exclusive rights, belongs toCivil Code of the Russian Federation Article 1255 also the rights to promulgation and the inviolability of the work. This means that no one without his knowledge can distort his creation, and it is he who decides whether it is possible to release it into the light.

In this case, fragments of works are allowedCivil Code of the Russian Federation Article 1274 use for informational, scientific, educational or cultural purposes. For example, if a teacher reads a passage from a book in class contemporary author, it will not be an attack on his intellectual property.

Copyright is assigned by default, there is no need for additional registrationCivil Code of the Russian Federation Article 1259. But in controversial situations, the creator needs to be ready to prove that this is precisely his work. Computer programs and databases are allowed to be registered on an optional basis. And if the work was created to order, the exclusive right belongs to the employer.

For notice of copyright, each copy of a work may include the following informationCivil Code of the Russian Federation Article 1271:

• Latin C in a circle - ©.
• Name or title of the copyright holder.
• The year of the first publication of the work.

Exclusive copyright appliesCivil Code of the Russian Federation Article 1281 during the life of the creator and the next 70 years when the heirs dispose of the work. It then becomes public domain and can be used freely.

Related to copyright

More often they are called simply adjacent. They protectCivil Code of the Russian Federation Article 1304 rights to:

• Performances that can be reproduced and disseminated, including productions by directors. That is, if the performance of one theater is exactly like the production of another, it will be a violation.
• Phonograms.
• Radio and television broadcasts.
• Databases, when it comes to protecting them from unauthorized use of content.
• Works of science, literature and art, published after their transfer to the public domain, if it is a question of protecting the rights of their publishers.

Most of the parameters for adjacent rights are similar to copyright. Only instead of © the sign of protection of allied copyrights will beCivil Code of the Russian Federation Article 1305 Latin P in a circle - ℗. Related to copyright appliesCivil Code of the Russian Federation Article 1318 during the life of the performer, or the producer of the phonogram, or the director, but not less than 50 years.

Patent rights

It isCivil Code of the Russian Federation Article 1356 about inventions, utility models and industrial designs. The exclusive right belongs to the one who registered his creation with Rospatent and received the corresponding document. By default, the author has this option. But he can transfer it under a contract, including a labor contract. That is, if the engineer signed a paper upon employment that his developments belong to the company, so it will be. But the right of authorship is inseparableCivil Code of the Russian Federation Article 1356 from the creator.

The exclusive right is validCivil Code of the Russian Federation Article 1363 from the date of filing a patent application within 20 years for inventions, 10 years for utility models, 5 years for industrial designs. A patent for an industrial design is allowed to be repeatedly prolonged for 5 years, but not more than 25 years from the date of application. Then the invention becomes public domain.

Rights to means of individualization

They relate to symbols that are used to distinguish goods, services and organizations. These rights are protectedCivil Code of the Russian Federation Chapter 76 trade names, trademarks and service marks, geographical indications, appellations of origin of goods, commercial designations. To protect the means of individualization, they must be registered with Rospatent.

Exceptions are the brand name and trade name. The first is already indicated in the constituent documents, so there is no need to re-legalize it. The second is enough to start using it on signs, goods, in advertising.

The exclusive right to a trademark, service mark and geographical indications, appellations of origin of goods is valid for 10 years from the date of filing an application for state registration and can subsequently be extended at the request of the copyright holder an unlimited number time. For the company name - as long as the legal entity exists. The right to a commercial name is lost if the copyright holder does not use it continuously for a year.

Trade secret rights

It's about know-howCivil Code of the Russian Federation Article 1465 - information concerning the results of intellectual activity in the scientific and technical sphere and methods of work, if they are valuable by their unknown to third parties. For example, if a company has come up with a unique technology for the production of very comfortable soles, this is quite secret information. But the secret of production is directly related to a trade secret, and it is better to read about it in a separate material Life hacker.

In addition, there are breeding rightsCivil Code of the Russian Federation Chapter 73 (a patent is issued, which is valid 30-35Civil Code of the Russian Federation Article 1424 years) and on topologyCivil Code of the Russian Federation Chapter 74 integrated circuits (subject to state registration and 10Civil Code of the Russian Federation Article 1457 years).

What to do if your intellectual property rights are violated

You must go to court. Before that, you can send a written claim to the offender and try to negotiate compensation yourself.

In court, you will need to confirm your right to the object. In the case of patents and state registration, it will be easy. But if you took a photo and it was stolen, you need proof. Let's say you can provide sources with metadata.

You will also need to confirm the fact of using the result of your intellectual work. For example, if a resourceful individual entrepreneur prints a picture of your authorship on T-shirts, you can purchase the product and use it together with the receipt as proof.

Compensation is provided for violation of intellectual property rightsCivil Code of the Russian Federation Article 1301 from 10 thousand to 5 million rubles, or twice the cost of counterfeit copies of the work, or twice the cost of the right to use the object.