Крылова и партнеры  /  Questions of defence of intellectual property

Questions of defence of intellectual property

Статьи регистрация товарных знаков, патентные поверенные,

According to the established stereotype, property relations are more regulated by law, and new ideas, technologies, and management decisions related to non-material phenomena do not have adequate forms for assessing their value, economic and social criteria, or legal standards. This leads to the emergence of piracy in the intellectual sphere. Therefore, the development of intellectual property protection technologies is one of the urgent tasks.

Intellectual property protection is the key to innovation. The very state of the patent system can stimulate or restrain the innovation activity of companies. Due to the special intangible nature of intellectual property, the absence or deprivation of patent rights means the loss of the property itself. The patent system currently covers all stages of new product development following basic research, including marketing. Therefore, its protection, as well as the prevention of unfair competition, are among the strategic goals of both companies and the state.

States are intensively improving their industrial property protection system. In the 1990s. patent protection has spread to new areas (biotechnology, computer science, etc.), methods and technologies, including in business practice. Due to the active proliferation of information technology, national patent systems are being unified, and the protection of intellectual property goes beyond national jurisdiction.

In addition to the patent and license in most countries, forms of intellectual property protection are:

  • Copyright (reproduction right) is a legal regulation governing relations related to the reproduction of works of literature, art, audio or video works. The Latin letter C in the circle applied to the work indicates that this work is protected by copyright;
  • trademark and service mark – designations that serve to individualize goods, work performed or services rendered by legal entities or individuals (legal protection in the Russian Federation is granted on the basis of their state registration);
  • company name – after registration is indefinite and stops only in case of liquidation of the company, it is not subject to sale. According to Article 54 of the Civil Code of the Russian Federation, “a legal entity that is a commercial organization must have a company name. A legal entity whose company name is registered in the prescribed manner has the exclusive right to use it.”

In addition to the protection and protection of industrial property, relations arising in connection with the creation and use of works of science, literature and art (copyright), phonograms of performances, plays, programs of broadcasting or cable broadcasting organizations (related rights) are legally regulated. These relations are regulated by the Law of the Russian Federation “On Copyright and Related Rights” dated July 9, 1993 No. 5351-1 (as amended on July 20, 2004 No. 72-ФЗ).

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