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June 21st, 2018 Comments

What Kind of Rights Does the Intellectual Property Include?

According to "Intellectual property" includes rights relating to:

- literary, artistic and scientific works;
- performing artists, sound recordings and radio and television broadcasts;
- inventions in all areas of human activity;
- scientific discoveries;
- industrial samples;
- trademarks, service marks, trade names and designations;
- protection against unfair competition, as well as any other rights deriving from intellectual activity in the industrial, scientific, literary and artistic field.

Sites of protection:

1. The literary, scientific and artistic works that form the objects of copyright protection.

2. The performance of artists, recordings, producers' rights, radio and television programs. All these objects form the so-called. related rights.

3. Inventions in all areas of human activity, scientific discoveries, industrial patterns, analogue of industrial designs, trade marks and service marks and company names.

4. Protection against unscrupulous competition, for the first time regulated by the Paris Convention.
Intangible assets, as a subject of legal protection, are united in the notion of intellectual property. We can speak about legal protection on these sites only when the law recognizes them as fit for regulation, which also gives rise to the subjective rights of their authors.

Characteristic features of the intellectual property objects and why they are differentiated in this group:

1. It is characteristic of them that they do not have a certain material substance. They are ideas resulting from human creative activity but have found an objective expression in the material world through their objectification in a material medium. In every work there is an idea that can materialize as a picture, a musical work and, in fact, its materialization is a subject of protection. Changing ownership does not violate the rights of the site's author.

2. All intellectual property objects have no spatial coordinates, i.e. can be used at the same time, at different locations and by different users, without prejudice to the rights of their creators.

3. Legal protection is always limited in time, acts for a limited period of time. For example, for copyright, legal protection is 70 years after the death of the author, the related rights - 50 years. The patent lasted 20 years, and the design was 4 years.
Specification: A part of the intellectual property objects are designed to serve the industry of a given country and therefore form the industrial property objects - patents, trademarks and others. Therefore, the legal norms governing their creation and protection form the right of industrial property.

Intellectual property law covers industrial property rights and, on the other hand, rights that govern copyright and related rights.
Copyright objects - works of literature, science and art are objects of copyright, and technical excellence is excluded. They must be the result of creative activity and must materialize in an objective form. It is important that through this form the work reaches an unlimited circle of subjects.

Industrial property protection covers patents for inventions, utility models, industrial designs or models, trademarks, service marks, trade names, indications of origin or designations of origin, and the pursuit of unfair competition.

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