Popis: |
In the article, the author notes that for the implementation and protection of intellectual property rights, certainty in their legal nature and the moment of occurrence is necessary. The author substantiates that other intellectual rights are rights of obligation. Considers the moment of the emergence of intellectual rights in relation to the result of intellectual activity (RIA) protected by the creative and registration system. He notes that the legislation should indicate that the entire necessary set of intellectual rights arises from the initial subject from the moment the RIA is created, and not only, as indicated in paragraph 3 of Art. 1228 of the Civil Code of the Russian Federation: «the exclusive right arises from the author». The right of authorship to RIA arises regardless of RIA registration. |