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General Info

 

Objects of intellectual property (further - objects of IP) – such as trademarks, computer programs, maps, photos, paintings, advertisement - are everywhere. The list of objects of IP (The Russian Civil Code divides them into results of intellectual activity and means of individualization) is quite extensive and provided in article 1225 of the Russian Civil code. The need of using results of intellectual activity or means of an individualization arises quite often. For example, one may need to place someone else's photo on the site, to produce a disk with a set of certain melodies, to mark a product with a trademark, to use someone's drawing as a book cover , etc. However, there is a right-holder of any object of IP and only to him an exclusive right belongs (this right gives an authority to supervise use of object of IP and to gain income from its use).

Before start enjoying any object of IP it is necessary to find out a right-holder and make a contract. Quite often a right-holder is an author himself, but sometimes it is another person (for example, an author employer).

The possibility to use a result of intellectual activity without permission may be tempting but it can entail administrative, civil and criminal liability.
By concluding a contract one can receive either all powers or a part of them. A territory and terms of use of rights may be limited in a contract. A contractual form of transmission of exclusive rights protect both assignor and assignee. A contract provides and guarantees realization and protection of property rights of a right-holder (sometimes it protects personal non-property rights of the author too).

A contract on alienation of an exclusive right and license are the most widespread ways of disposition of an exclusive right. However, there are also other contracts providing a transition of an exclusive right. For example, a contract of mortgage of exclusive rights, a contract signed on the basis of the open license, a contract of commercial concession.

The Card Patent renders services in registration of contracts.

 

Trademark

Trademark is a symbol used to individualize goods and/or services provided by market participants, both legal entities and businessmen.

 

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Utility model

A utility model is a technical improvement of already existing or again created mechanism or device, a new embodiment of idea which allows to solve a certain problem in any area of engineering.
 

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Invention

Invention is a new solution of a task in any sphere that gives a positive effect and relates to a device, substance, a microorganism strain, culture of cells of plants or animals and also to a method.
 

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Industrial sample

Industrial sample is a new original solution of a product defining its design and properties: its form, configuration, ornament and combination of colors.
 

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Copyright

Copyright is an established by the legislation right of some persons to works of science, literature or art created by creative activity of the same or other persons.
 

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Contracts

A contract provides and guarantees realization and protection of property rights of a right-holder.
 

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International registration

Trademark registration according to Madrid procedude.
 

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