
Objects of intellectual property rights: general terms of protection
Author(s) -
Олена Бахарева
Publication year - 2021
Publication title -
teorìâ ì praktika ìntelektualʹnoï vlasnostì
Language(s) - English
Resource type - Journals
eISSN - 2519-2744
pISSN - 2308-0361
DOI - 10.33731/62020.233970
Subject(s) - intellectual property , tangible property , civil code , intellect , originality , law , intangible property , creativity , property law , law and economics , political science , sociology , property rights , epistemology , philosophy
Keywords: wine go and brown models, promises, sort of roslin that breed of twarin,trade marks (marks for goods), commerce (form) naymenuvannya, geographic significance,komertsiyna tamnytsya, computer programs
Intellectual property is the result of human creativity: works of art and science, inventionsand utility models in all fields of human activity, industrial designs, trademarks(marks for goods and services), commercial (brand) names, information products,selection achievements, etc. Intellectual property is created as a result of purposefulmental work of human intellect, the result of which is something new, characterized byuniqueness, originality, uniqueness.According to the provisions of the Civil Code of Ukraine, an intellectual property rightis a person’s right to the result of intellectual, creative activity or another object of intellectualproperty right, defined by this Code and another law. Intellectual property rightsare personal non-property intellectual property rights and (or) property intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by this Code and other law. Intellectual property rights are inviolable.No one may be deprived of intellectual property rights or restricted in their exercise,except in cases provided by law.The Commercial Code of Ukraine provides a list of intellectual property, leaving itopen and states that the general conditions for the protection of intellectual propertyrights to objects are determined by the Civil Code of Ukraine. In the Civil Code ofUkraine, the fourth Book «Intellectual Property Law» is devoted to the issue of intellectualproperty. The Civil Code of Ukraine provides a more extensive list of objects of intellectualproperty rights, defines their concepts.According to Article 420 of the Civil Code of Ukraine, the objects of intellectual propertyrights, in particular, include: literary and artistic works; computer programs; datacompilation (database); implementation; phonograms, videograms, broadcasts (programs)of broadcasting organizations; scientific discoveries; inventions, utility models,industrial designs; arrangement of semiconductor products; innovation proposals; plantvarieties, animal breeds; commercial (brand) names, trademarks (signs for goods andservices), geographical indications; trade secrets.The purpose of my article is to summarize information about the objects of intellectualproperty rights, disclosure of their concepts with reference to relevant regulatorysources. Therefore, to simplify the reader's perception and search for concepts in differentsources, it was decided to group them in one text. I hope that the information providedwill be useful.