Intellectual Property as a Type of Property: The Russian Federation Law and Legal Doctrine
V. V. Vasilyev
Abstract
V. V. Vasilyev
Abstract
The present article examines one of the most important issues of definition of the legal nature of intellectual The author covers the timeline of intellectual property concept development in the Russian Federation and the already existing points of view on the legal nature of intellectual In his article the author also analyzes the correlation of intellectual property definition with adjacent definitions like property, intellectual rights, intellectual monopoly and the results of intellectual activity. In the present article the intellectual property is determined as a part of public relations between the subjects of the Civil Law the objects of which are the intangible and theoretic substances. In his work the author analyzes the international legislation in the studied area and the Civil Law of the Russian Federation and, as consequence, arrives at a conclusion that the protection of intellectual property rights should be based on the balance of private and public interests. Such a balance will provide the progressive technological and industrial development of society. The intellectual property is a type of However, such conclusion does not speak for the possibility of identification of entity property and intellectual property which both are the types of fungible category of property.
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The present article examines one of the most important issues of definition of the legal nature of intellectual The author covers the timeline of intellectual property concept development in the Russian Federation and the already existing points of view on the legal nature of intellectual In his article the author also analyzes the correlation of intellectual property definition with adjacent definitions like property, intellectual rights, intellectual monopoly and the results of intellectual activity. In the present article the intellectual property is determined as a part of public relations between the subjects of the Civil Law the objects of which are the intangible and theoretic substances. In his work the author analyzes the international legislation in the studied area and the Civil Law of the Russian Federation and, as consequence, arrives at a conclusion that the protection of intellectual property rights should be based on the balance of private and public interests. Such a balance will provide the progressive technological and industrial development of society. The intellectual property is a type of However, such conclusion does not speak for the possibility of identification of entity property and intellectual property which both are the types of fungible category of property.
Key concepts: Intellectual property, Intangible property, Legislation, Law, Tangible property, Balance (ability), Political science, Law and economics