Registration and judicial protection of
intellectual property
intellectual property
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For full-fledged protection of the rights to the results of creative work, conventions and agreements have been approved at the international level, to which Russia is a party. Protection of copyrights of Russian citizens abroad is automatic, provided that the works are made publicly available on the territory of the Russian Federation or another state party to the conventions. If the object is not published, for international protection it is necessary to prove the fact of proper authorship.
At the international level, protection of rights to the results of creative activity is provided by the Berne Convention, which has been ratified by most countries of the world. The general rules for granting legal protection are as follows:
The Berne Convention provides for a number of options for the due acknowledgement of copyright. Similar rules are reproduced in the Civil Code of the Russian Federation, as well as national laws of other states.
Confirmation of rights to a work in the territory of the Russian Federation and abroad is possible in the following ways
For the emergence of a full-fledged mode of protection it is possible to register copyrights abroad through the U.S. Library of Congress. This procedure can be followed by the author residing in the territory of any state, including non-participants of the Berne Convention. For such voluntary registration you should submit a written application, or fill in a form on the Library's website. In order to obtain the registration certificate it is necessary to pay the registration fee (from $35), and to give a copy of the work to the Archives of the Library.
On the international level the order of acknowledgement of the rights on some objects of creative labor can be different. For example, in Russia you can voluntarily register the rights for a computer program or data base - for this purpose the documents should be presented to Rospatent. In the USA, software products are equal to inventions, and the rights to them will be confirmed by a patent.
By confirming the authorship of the work, it is possible to use the exclusive rights or transfer them to others. It is also not necessary to register contracts, and the parties can use the certification of transactions through notaries or collecting societies. The following options can be used to protect the author's rights internationally:
Customs authorities of each state coordinate efforts to prevent the transportation of counterfeit products, material carriers with illegal content. For aggregation and systematization of data on holders and objects of intellectual property rights there is an international structure under the UN - WIPO (World Intellectual Property Organization). Through this organization individual categories of disputes related to copyright infringement will be resolved.
A special set of measures has been introduced to protect content on the Internet. For example, on the territory of the European Union there are Directives of the Executive Council of the EU, which provide uniform rules for the detection and suppression of violations in the field of information technology. Under a simplified program, it is possible to achieve temporary blocking of a site with illegal content, and under a judicial act, their final closure. Similar norms of international law are reproduced in the national legislation of all EU member states. It is mandatory for WTO (World Trade Organization) members to regularly improve the norms of domestic legislation and bring them into compliance with international acts.
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