Legal Framework of Intellectual Property Protection under Russian law

Russian legislative bodies governs the term intellectual property to objects of intellectual rights, that is, the results of intellectual activity and means of individualization. Thus, our legislator, adopting Part IV of the Civil Code of the Russian Federation, departed from the most widespread approach in the world to the concept of “intellectual property”, according to which intellectual property is the rights to the results of intellectual activity and equated means of individualization of legal entities, goods, works, services and enterprises. The legislator does not disclose the content of the concept of “results of intellectual activity”. The article examines the fundamental differences between property law as a proprietary right and intellectual property. A comparative analysis of the content of the property right, on the one hand, and the exclusive right, on the other. Issues of commercialization should be resolved taking into account the provisions established in paragraph 4 of Article 129 of the Civil Code of the Russian Federation. The distinctive features of objects protected by copyright, related rights, patent law, and so-called non-traditional objects are revealed. This article is published based on the results of a report presented at the All-Russian Scientific and Practical Conference “Topical issues of intellectual property protection in educational activities”

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