Content
- What is intellectual property?
- Legislation on intellectual property protection
- Types of intellectual property
- Structure of copyright
- Ways to protect intellectual property
What is intellectual property?
Intellectual property encompasses the results of human creative activity, as well as means of individualization, such as company logos. These results can be assessed, sold, or transferred rights for their use, making intellectual property similar to material assets. For example, a trademark can be transferred to a franchisee for a certain fee for temporary use within the franchise.
Legislation on intellectual property protection
In Russia, the protection of intellectual property is regulated by part 4 of the Civil Code, which includes 317 articles detailing the rights of parties and liability for their violation. Unauthorized use of intellectual property can lead to civil liability, administrative, or even criminal liability. For instance, companies may face fines of up to 5 million rubles for violating rights to trademarks or copyrighted works. In some cases, a decision may be made to liquidate the legal entity.
Types of intellectual property
Intellectual property includes 16 categories, the important ones for business being:
- Works of science, literature, and art;
- Programs for electronic computing machines;
- Databases;
- Performances and phonograms;
- Inventions and utility models;
- Industrial designs;
- Trademarks and service marks;
- Trade secrets (know-how).
It should be noted that copyright does not protect ideas or facts. For example, the creator of the character "Zhdu-na" was unable to defend her rights to use her character in stickers released on the social network "VKontakte."
Structure of copyright
Copyright is divided into three categories:
- Exclusive (property) right, allowing the author to control the use of their works;
- Public domain, when a work becomes available for use by everyone without permission;
- Personal non-property right, protecting the author's name and their right to the integrity of the work.
For example, Beethoven's works entered the public domain 70 years after his death, allowing anyone to use them without restrictions.
Ways to protect intellectual property
There are several ways to protect intellectual property, including:
- Proof of authorship, such as file metadata confirming the date of creation of the work;
- Patent for an invention, which grants the right to exclusive use of the development;
- Trade secret, protecting the company's internal information from competitors.
It is important to note that simple depositing is not always enough to protect intellectual property. Registration with Rospatent and adherence to legal processes are necessary steps to ensure your rights in case of infringement.