Intellectual Property Copyright

If intellectual property is immaterial, what is the object of ownership? The object of ownership in this case is the author's right to the results of intellectual activity. This right has a dualistic nature. On the one hand, the author of the intangible property and the creator of the material property object have similar property rights, as the right to the result of intellectual activity provides its owner a unique opportunity to use this result at his own discretion, and also transfer to others, i.e. It is analogous to the right of ownership of material objects (property law). On the other hand, along with property law, there is a certain spiritual right of the creator to the result of creative work, the so-called author's right. That is, copyright is an aggregate of personal non-property (rights-related) rights that can not be alienated from their owner by virtue of their nature, and property rights. Therefore, if the property (economic copyright) on the result of creative activity can be separated from the author (transferred to another person for limited or unlimited use), the non-property right of the author is inseparable from the creator of the work and can not be transferred to another person.

Proceeding from the foregoing, we can say that intellectual property law is the sum of the triad of property rights (the right to own, the right to use, the right to dispose of) and non-property rights (the right to authorship). Some jurists consider that the right of intellectual property is the exclusive right of the right holder (author) to allow or forbid other persons to use the results of creative activity. Property (economic) and personal (non-property) rights to the result of human intellectual activity are interconnected and tightly intertwined, therefore they form an inseparable unity. The duality of this right is the most important feature of intellectual property.

Despite the fact that the authorship of creative and "industrial works are similar, there are significant differences between them." First, the right to industrial property can arise from a legal entity that, by agreement with the creator of the object of creative activity, carried out his creative activity. Personal non-property rights, in this case there are great difficulties in prohibiting the processing of the work and making changes to it.