Certain aspects of the legitimate interests protection in the intellectual property lawJournal: LAW AND INNOVATIVE SOCIETY (Vol.2, No. 1)
Publication Date: 2013-01-08
Authors : Venediktova I.V.;
Page : 37-54
Keywords : legal interest; law of intellectual property; legal interest defense.;
This article examines the implementation and protection of legal interests by limiting and exhaustion of intellectual property rights of owners and related parties. The author defined the remedies of the legal interests in such relationships based on the study of law, doctrine and jurisprudence. The intellectual property determined as the exclusive right and as a kind of absolute rights, with all the objective features characteristic, namely: 1) all rights in the results of creative work, arising independently of the will of third parties, 2) all others third parties are persons of incidence, and 3) owner can make a complaint against the persons of incidence, if they committed illegal acts regarding entities them. Also, there is an analysis of the provisions of the Law on Copyright and Related Rights in this article. This analysis concerning with the issues of property rights of the authors of works, describes the types of property rights of the author's intellectual property rights, including the rights to reproduce and to distribute the results of intellectual activity. The analysis on "issues of exhaustion of intellectual property rights" is contained in this article. The author examines the implementation of legally protected interests in the context of limits on intellectual property rights. The author believes that this limits are necessary in order to reduce the negative effects of legal protection of intellectual activity (monopolization). The author gives examples of free-use of copyright based on "three-tier criteria" for objects of copyright and related rights, or on the basis of "two-tier criteria " - to the subject of patent rights. Analysis of the public interest in the pharmaceutical and intellectual property rights (access to medicines) are also contained in this article.
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