Protection of intellectual property. Reality or the future?

April 26 is celebrated worldwide World Intellectual Property Day. Hmm ... about patents and trademarks, each of us heard a long time. But the subject matter of copyright in Russia was just beginning to defend them, and that are still poorly. No, no, and will be on TV details of the operation to apprehend the party of pirated copies of the new big-movie. And his article, publicized on the Internet and reprinted in hundreds of newspapers and magazines of the world without attribution and a source every now and then find the authors of our project ... I have even ceased to be surprised and indignant. Accustomed to, I guess. Although their fight is not stopped.

The concept of "intellectual property" was first defined by the Convention in Stockholm on July 14, 1967. At the same time was established by the World Intellectual Property Organization. Our country has joined the organization in 1968.

What counts as "intellectual property"? Convention as an international legal instrument gives the following formulation: "intellectual property" shall include rights relating to:

Literary, artistic and scientific works,

Performances of performing artists, sound recordings, radio and television broadcasts,

Inventions in all fields of human activity,

Scientific discoveries, industrial designs,

Trademarks, service marks, trade names and commercial designations,

Protection against unfair competition,

as well as all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. "(end quote)

January 1, 2008 to the Civil Code of Russia have been significant changes regarding the scope of intellectual property. The new document is almost not use the conventional term "intellectual property", the law operates on specific concepts - the results of intellectual activity and copyrights on them.

I quote from the fourth part of the Civil Code (Art. 1225), which shows an accurate list of the results of intellectual activity:

"1) the product of science, literature and art;

2) Programs for computers (computer program);

3) a database;

4) Execution;

5) Soundtracks;

6) a message broadcast or cable radio or television (broadcast by broadcasting or cable broadcasting);

7) of the invention;

8) utility models;

9) industrial designs;

10) breeding achievements;

11) integrated circuits;

12) secrets (know-how);

13) trade names;

14) trademarks and service marks;

15) appellation of origin;

16) commercial designations. "(End quote)

Article 1226 Civil Code enshrines the right to all of these objects.

Subject matter of copyright - that is what we, colleagues, and create here and now: our articles and books, oral works, video and sound recordings, programs, databases, everything that has been created by someone, and not copied or stolen .

Copyright registration is not necessarily needed, but you can register it in the Russian Authors' Society. Similar organizations exist in other countries. A registered copyright is valid for the life of the author and seventy years after his death. Typically, the services of copyright society or resort before work published, or in case of disputes to protect their copyright.

The law is, but it works poorly. In Russia the law "On Copyright and Related Rights", adopted back in 1993, has undergone many changes and additions. Under this law, each author before publish his work, the author concludes a contract with the publishing house or other authority, reproduce the object of law. So should be.

But is the author cares about its security? Someone once, someone in the law have never seen someone understand it does not. Consumer culture should be inculcated and society, and family. Who among us has not downloaded shareware programs on the Internet? And someone to pay for them? Who of us has the temptation to swing a pirated copy of a new movie or game? Thereby we are violating the rights of the author and actually steal its intellectual property. Well, if we use his product in the personal needs, and how many people have "craftsmen" who immediately from that its profits will derive! Plagiarism will be prosecuted. But it's now also the exception rather than the rule.

After many attempts to restore fairness I was able to resolve the issue peacefully with only a few plagiarist. Free newspaper from Kharkov, reprinted my article, still pays the fee. Now it is important to see the link in the next issues of the newspaper (attribution and source information). Promised ...

Scheme to communicate with my plagiarist is quite simple. Thanks to the attentive reader of the project ShkolaZhizni.ru - sent me this very free with my Ukrainian newspaper article. Wrote in a newspaper an angry letter with references to work legally - the World. First there was a long correspondence, apologized and promised to investigate, refer the case to lawyers. Newspaper - organ, as it is written with a pen, as we know, has not cut down with an ax. This is the Internet can be silently removed the article, and ... And then it took a serious turn. Apparently, the newspaper had weighed all the pros and cons and concluded it was cheaper to pay the fee. I wrote to them that the watchful eye of our readers will now closely monitor their activities. Now, if we all took up this control together, I think it would benefit more. Will have to work financially.

On the Internet, plagiarism is another situation. Periodically ask their name in the search engines articles, and - clones, clones, clones ... begins a correspondence with unscrupulous publisher. Someone apologizes and puts his signature under the material, one begins to be rude and remove the article, someone still remains deaf and dumb ... It all depends on their shared culture and upbringing, of respect for the law and copyright law.

The optimistic aspect of this situation, of course, is: if every now and then there are clones of articles ShkolyZhizni.ru - so it's all someone needs, it is interesting, therefore, is not nothing working the whole a strong project team.