Intellectuall property
Having intellect and will, a human being realizes mental performance. Certain results that can be perceived by other people appear in the process of that mental work.
A creator of these results feels a certain connection, identifies them as his own and senses injustice if someone starts using them without any respect to his moral and valuable interests.
Frequently these results are not only perceived by people bringing them only esthetic satisfaction but are brought into business and become the means of getting a profit.
And with time a society has come to conclusion that relations between people, arising in respect of the results of mental performance should be regulated on legislative level and it was necessary to make them the objects of law and protect interests of inventors and other persons.
The mechanism of such protection has become a state guarantee of monopoly for use of results of mental work, in other words, fixation in laws of exclusive right to their use.
Unfortunately, a society hasn’t yet worked out such legal mechanisms that could allow protecting absolutely all results of mental work.
For the time being exclusive rights are granted only for objects that are exactly named in the legislation:
- works of science, literature and arts
- inventions
- utility models
- industrial designs
- trademarks and service marks
- trade names
- trade secrets
|
- topologies of integral
circuits
- kinds of plants, animal breeds
- TV and radio programs
- performances, stagings
- computer programs and electronic databases
- sound tracks
|
Appellations of origin in a strict meaning are not objects of exclusive rights because several producers can obtain rights for their use.