Intellectual Property Lawyer

The Internet provides an opportunity to disseminate a wide variety of information, including intellectual property, which should be protected by copyright.

This possibility can often violate the rights of authors of certain works to the inviolability of their intellectual property and is currently a real problem in the field of copyright protection, as the offender is difficult to identify, and sometimes even impossible, respectively, which complicates the chances of prosecution. .

Under the protection of copyright should be understood – protection from encroachment on the result of intellectual activity of a subject, which may manifest itself in the following: literary works; works in the field of science; works in the field of art; computer programs; musical works; audiovisual works; works of fine art; photographic works; lectures; speeches; sermons; architectural works; collections of folklore adaptations; collections of ordinary data; translations of texts; sound system; work on subtitles and more…

COMPONENTS OF COPYRIGHT

Copyright consists of property and non-property rights of the author. Non-property rights cannot be alienated, it means that any work has its author, who will remain the author from the moment of creation of the work and for the entire period of its existence.

Property rights can be transferred to others on a paid or unpaid basis. Thus, the person who owns the property right to the work is its right holder and, accordingly, has the right to dispose of it at its own discretion.

It turns out that the author of the work may not have property rights to it. Similar situations occur, for example, when the author creates a work commissioned by another person, or when after creating the work, the author decides to transfer property rights to another person (sell, donate).

HOW TO PROTECT YOUR INTELLECTUAL PROPERTY FROM ILLEGAL ATTACHMENT?

The certificate of state registration of copyright, issued by the State Intellectual Property Service, is the most important proof of belonging to the work – the author, which, incidentally, contains the date of creation of the work.

For example, publications on the Internet, in order to protect copyright, must contain the name and initials of the author, as well as the date of publication. The mark indicating copyright protection is as follows: “©”.

However, if the author of the work learns of a copyright infringement, you must contact the owner of the website to remove such information.

If the claim against the website owner remains unsatisfied or ignored, you need to go to court.

EVIDENCE FOR APPEALING TO COURT:

• copyright registration certificate;
• confirmation of the fact of appeal to the infringer of copyright with the relevant requirement;
• the results of the examination conducted in order to establish the identity or similarity of the works.

An effective mechanism for copyright protection is one of the most important indicators of the rule of law. Therefore, if you intend to become the author of any work, take care in advance to protect it from encroachment by “pirates” and plagiarists.