Opening of maintenance of right of intellectual ownership as to the aggregate of rights on the results of intellectual activity and mean of individualization. Types of intellectual rights: author, patent right, contiguous rights, secrets of production.
Аннотация к работе
THE MINISTRY OF EDUCATION OF Republic of Belarus THE ABSTRACT On a theme: Intellectual property. Objects authors and the adjacent rights MINSK 2011 The origin of the term intellectual property often contacts the French legislation of the end of XVIII century. Originally was considered, that the patent or the exclusive right to product use represent the contract between a society and the inventor (author): the society protects the legal owner, guaranteeing it compensation for promulgation of the invention (work of art) and agreeing to provide its unobstructed and exclusive use in industrial or commercial objectives. In report of Ле Шапелье which has laid down in a basis of the first law, affirmed, that the most sacred, the most incontestable and if it is possible so to be expressed, most personal of all patterns of ownership is product which fruit of literary thought is. In the prologue of the French patent law of 1791 it was said, that any new idea, declaration and which realisation can be useful to a society, belongs to the one who has created it, and would be restriction of human rights not to consider the new industrial invention as the property of its creator. Fastening in the French legislation of concepts of the literary and industrial property became a consequence of such approach. Even earlier the idea about the copyright as the most sacred kind of the property has been embodied in laws of several states of the USA. So, in the law of the State of Massachusetts from March, 17th, 1789 it was specified, that there is no the property belonging to the person more, than that which grows out of its brainwork). Similar designs have been fixed in the legislation of many countries. In Legal philosophy underlined special value of protection of scientists and artists from an arbitrariness and encroachments on their rights, rendering of protection of their property as problems of encouragement of sciences and arts: just as the most important encouragements of the industry there was a maintenance from robbery on the big road. However philosophical judgement of a category intellectual property till now it has not been made. Along with the concept (or a design) in the form of the rights of the industrial property, literary, scientific, art or, in the most universal kind, - intellectual property, in the national right of some the countries the category exclusive rights (the intellectual rights, protection of the industrial rights, etc.), understood as the rights of a special sort is widely applied concerning the rights to results of intellectual activity.