The right of intellectual property as a collection of copyright...

Intellectual property law as a collection of copyright, related, patent and other exclusive rights, academic discipline and science

The above considerations allow us to draw a number of conclusions. The first conclusion is that the terms intellectual property and industrial property entered into international and national life. However, it must be borne in mind that these categories are not real-legal concepts, but rather household synonyms of such concepts as "my", "own", "created by me" or "owned by me".

Next: the property-legal regime of property, used for centuries in relation to material objects and including the traditional powers of possession, use and disposal of these objects, is not applicable to the non-material achievements of intellectual work, and even more so to the rights to them. It is acceptable only for the material bearers of the results of this work, which, incidentally, is directly emphasized, in particular, in Art. 1227 CC.

With respect to the results of intellectual creativity and means of individualization, one should apply the exclusive rights regime.

Only the creators of the results data, their employers or other persons specified in the law are entitled to use them and dispose of the rights to them, taking into account their non-material nature. In a market economy, exclusive rights to the results of creativity can and should be alienated in a quasi-commodity-monetary form. Its main difference from the classical commodity-money form lies in the fact that the price of the goods (exclusive right) is entirely determined by the ratio of supply and demand to the object of this product & quot ;.

The current legislation mainly takes into account the peculiarities of the legal regime of the results of creativity. In particular, in no article in Sec. Part II of the first Civil Code, dealing with the right of ownership and other proprietary rights (Article 209-306), there is not a word about the right of intellectual property. In other words, the latter is wholly identified with the exclusive right to the results of intellectual activity and the means of individualization of legal persons, goods, works, services and enterprises that are equated with them.

Another important thing: if we talk about intellectual property right as part of the civil law training course, then in its framework, in addition to the exclusive right, in the necessary cases, the personal non-property rights and other rights provided by the Civil Code (right of access, right of access), as well as other rights, for example, the right to remuneration for official and some other results of intellectual activity. In other words, the identification of the intellectual property right as a legal institution only with property intellectual right is a common technique of legal technique emphasizing the special importance of this right as the only intellectual right participating in civil circulation.

The law of intellectual property as a science (doctrine) explores on the basis of general science (theory) of law and in interaction with the science of civil and some other branches of private and public law problems of this absolutely legal superinstitution, its formation, development, the current state and prospects of modernization, the superinstitutions of obligatory, hereditary and certain procedural rights associated with it, as well as the implementation and protection of all types of intellectual and related rights.

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