Article 138 of the Civil code "Intellectual property". Civil code, section I, Chapter 6

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2019-05-10 13:00:31

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With the help of law society at all times organized process of self-regulation. There are certain legalized norms was the mechanism, which directly affect the behavior of people in a particular state. The nature of the right is quite versatile or even universal, so to speak. The fact that the rules are governed by the most insignificant, at first glance, public relations. For example, buying a car, renting an apartment or even banal trek to the store – are all examples of social interaction, which leads to certain legal consequences. It should be noted that with the development of society has also evolved the right. This has led to the expansion of its direct regulation. In other words, the license was extended to a greater number of objects. The regulator of social relations has been supplemented with new legal structures, one of which is the sphere of intellectual property. This segment of the regulation applies to civil branch of law that determines most of his special moments.intellectual property of GK of the Russian Federation

What is intellectual property?

It Should be noted that civil law – is a complex industry, which consists of a set of legal categories. It contains the rules governing fundamental aspects of human interaction. Intellectual property is one of them. But even somewhat familiar with civil law people do not understand what constitutes this category. In the broadest sense intellectual property – an extensive range of exclusive and personal non-property rights on existing intellectual works or activities. In other words, the category establishes the exclusive ability of the person who is the author of a particular object, dispose of, and to prohibit the Commission of similar actions to other entities.intellectual property law of the civil code

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History categories

It Should be noted the fact that intellectual property existed in the structure of civil rights is not always. Initially the industry was only regulated property relations. From the history of the civil rights we know that during its development in Roman times, was part of the civil family law, which was subsequently separated. Thus on intellectual property as the object of legal regulation only started to think in the XVII century, when they began to appear the famous results of author's works of various writers, artists, musicians, etc. the Most widespread category received in late XIX - early XX century, when the rate of development of all spheres of human activity became much more. Its place in the legal framework category of intellectual property received in 1967, when it adopted the Stockholm Convention establishing the world intellectual property organization.

The Position category in the Russian Federation

It is Worth noting that the legal phenomenon to date, actively developed and constantly modernizarea in domestic law. This is due to active international trade position of Russia. The fact is that intellectual property, or rather its mode of protection – this is an important moment for most countries. Therefore if Russia wants to be a great player in the market, it is necessary to develop the mode of regulation of relations in the field. In this case, the evolution is really happening. Because there is a normative base, which regulated intellectual property. Of the civil code or the civil code – key state act, the provisions of which more fully explain the essence presented in the paper category. However, the law is the issue of intellectual property rights is seen as fully as possible. For example, article 138 of the civil code (“Intellectual property”) only tells you about the facilities of the category to objects that fall within the scope of regulation of civil law. But this sphere contains in its structure a huge number of legal relations, which have a completely different structure and a legal orientation.

the intellectual property of GK of the Russian Federation

Reasons for separation category

There is a huge amount of points, according to which segregated intellectual property. The civil code does not explain the reasons, but they come from the ideological essence of the category. Because there are several explanations about why the category is so important in modern Russia.

  • First, the existence of certain security mechanisms encourages people to create something new. After all, if a person feels secure, there will be no fear that the fruits of his activities later someone will break or take away.
  • Second, intellectual property formalizes all the work of the eponymous activity. That is, the author effectively develops relationships at the time of creation of an object.
  • Third, intellectual activity in the case of a legal nature will bebe rewarded, which further stimulates creators.
  • Fourth, the existence of intellectual property at the level of the legal institution entails the growth of the domestic culture and industry.

Thus, the intellectual property of the civil code, the definition of which is presented in the article is a special category, which meets the specific provisions of the eponymous legal phenomena in the international sector of private law. This raises a logical question: what belongs to the purview of this complex institution?intellectual property article of the civil code

Intellectual property, civil code

It is Worth noting, xnj action presented in the article of the Institute extends to certain objects and phenomena. They, in turn, are the object part of the intellectual property. Thus, in accordance with the provisions of the Civil code of the Russian Federation, such objects are:

  • Any works of science, literature of the sphere or the sphere of art;
  • Databases and special computer programs;
  • The invention of the phonogram and utility models;
  • Messages on television and radio;
  • Samples of an industrial nature or breeding samples;
  • Trade secrets, topology of circuits;
  • Trademarks, corporate and geographic names;
  • Marking of a commercial nature.

It is Worth noting that for a long time in the Civil code of Russia there was no separate branch of rules which would regulate directly intellectual property. As previously stated, article 138 just fixed the category as one of the objects of the relevant industry. Only in 2008 appeared the part 4 of the Civil code of the Russian Federation, which presents a system of norms regulating relations in the sphere of intellectual property.

Features part 4 of the Civil code

Referred revision of the law introduced into the civil law a lot of the new institutions. For example, in addition to the main intellectual property rights, in part 4 entrenched provisions that govern contracts in the field of intellectual property. Of the civil code, therefore, was a comprehensive source, coordinating any matters arising in the said area.

Violations of intellectual property rights

The fact that we live not in a perfect world, necessitates not only the regulation of relations in the sphere of intellectual property, but also create a mechanism for its immediate protection. But to generate a desired security mode, you need to start to perform the types of possible violations presented in the paper category. Today, there are two main disorders, namely:

  • Distribution of objects that use methods protected by patents;
  • Copyright infringement.intellectual property civil code definition of

That is, when the violation occurs, such person may implement special conservation measures with the goal of his powers.

Intellectual property Protection of civil code

Protection presented in the article of the Institute is one of the main tasks of the state.protection of intellectual ownership of GK of the Russian Federation Because this directly affects the ability of persons in the sphere of creation and use of the results of their intellectual labor. Therefore, there are a number of tools that allow you to protect intellectual property rights. The civil code establishes the following methods for example:

  • The forced termination of the infringement;
  • Recovery of damages from the violator;
  • The seizure of counterfeit products;
  • Destruction of infringing products;
  • The equipment of intellectual property and means of identification.

contracts in the sphere of intellectual ownership of GK of the Russian Federation

Related Institutions of intellectual property

The Institute, as we have seen, is quite complex. Therefore, many scientists are creating work in which the study of intellectual property. The article of the civil code presented earlier, only formalizes the institution that the essential doctrinal characteristics. It, in turn, do the special agencies, such as Federal Institute of industrial property, Russian state Academy of intellectual property.

Conclusion

So, we tried to consider the characteristics of such institution, as intellectual property. The civil code establishes its key features and main mechanisms, but also contains provisions to ensure its protection. It should be noted that intellectual property plays an important role in the modern world, therefore, the development of this issue, both at legislative and scientific level is a must.


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DE: https://tostpost.com/de/das-gesetz/32554-artikel-138-des-b-rgerlichen-gesetzbuches-geistiges-eigentum-bgb-absch.html

ES: https://tostpost.com/es/la-ley/32435-el-art-culo-138-del-c-digo-civil-propiedad-intelectual-c-digo-civil-se.html

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PT: https://tostpost.com/pt/a-lei/34044-artigo-138-do-c-digo-civil-propriedade-intelectual-gk-federa-o-se-o-i-.html

TR: https://tostpost.com/tr/hukuk/29632-madde-138-medeni-kanunu-fikri-m-lkiyet-meden-kanunu-b-l-m-i-b-l-m-6.html

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ZH: https://tostpost.com/zh/the-law/7247-138-6.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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