Rapidly developing Internet is increasinglybecomes the reason for the emergence of disputes about the rights to intellectual property and, as a consequence, judicial proceedings of both internal and international nature.
To avoid such a situation, we should clearlyto represent what are the objects of intellectual property and what are their types. 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, jurists consider the beginningthe formation of this branch of law in the second half of the 20th century, despite the fact that the first international acts were adopted as early as 1883 - 1886 (the Paris Convention of 1883 and the Berne Convention of 1886). Having studied the whole set of international treaties and part 4 of the GCRF, one can deduce:
Objects of intellectual property Is the result of a person's mental activity, possessing ideality, disembodiedness and a specific form of entrenchment of rights.
The hallmark of ideality is based on the fact thatthe objects in question are the only true solution to the problem under 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.
These objects 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 should be noted, for copyright objects notthere is a 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 copyright authorities.
To this category it is necessary to make one, but weightycomment. 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 authors so-called. "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 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 law on patents;
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 distinctiveline - 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 necessary, 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 categoryoccupy 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 sign is decisive, and therefore the considered objects of intellectual property are part of the second category, and they are subject to its legal regime.
The variety of represented objects is onlyemphasizes the need to establish the right regime for the protection of mental performance, especially in the rapidly developing media.