Protection of intellectual property. Reality or future?
the International day of intellectual property is around the world celebrated on April 26. Hm … About patents and trademarks each of us heard long ago. And here objects of copyright in Russia only - only begin to be protected, and that is still weak. Is not present and will pass on TV screens of a detail of operation on detention of party of piracy copies of the new big-budget movie. And the articles which are spread around on the Internet and reprinted in hundreds of newspapers and magazines of the world without indication of authorship and a source continually are found by authors of our project … I even ceased to be surprised and indignant. Got used, probably. Though I do not stop the fight.
Concept “ intellectual property “ it was for the first time defined by the Convention in Stockholm on July 14, 1967. Then the World intellectual property organization was founded. Our country joined this organization in 1968.
What enters the concept “ intellectual property “? The convention as the international legal act gives such formulation: “ intellectual property “ includes the rights relating to:
to literary, art and scientific works,
of performing activity of actors, a sound recording, radio - and to telecasts,
to inventions in all areas of human activity,
to discoveries, industrial samples,
to trademarks, service marks, trade names and commercial designations,
to protection against unfair competition,
and also all other rights, belonging to intellectual activity in the production, scientific, literary and art " areas;. (the end of the quote) by
to the Civil code of Russia made on January 1, 2008 considerable changes concerning the sphere of intellectual property. The new document almost does not use the standard term “ intellectual property “ the law operates with concrete concepts - results of intellectual activity and copyright of them.
I quote the fourth part of the Civil code of the Russian Federation (Art. 1225) where the exact list of results of intellectual activity is provided:
“ 1) works of science, literature and art;
2) programs for electronic computers (computer program);
6) the message in air or on a cable of radio - or telecasts (broadcasting of the organizations of on-air or cable broadcasting);
8) useful models;
9) industrial samples;
10) selection achievements;
11) topology of integrated chips;
12) know-how (to a no - Hau);
13) trade names;
14) trademarks and service marks;
15) names of places of goods origin;
16) commercial designations “. (the end of the quote)
Article 1226 of the Civil Code of the Russian Federation affirms the rights for all these objects.
Objects of copyright is what we, colleagues, create here and now: our articles and books, oral works, video - and sound recordings, programs, databases, all that is created by someone, but is not copied and not stolen.
Copyright without fail does not need registration, but it is possible to register it in the Russian author`s society. The similar organizations are also in other countries of the world. The registered copyright works during all life of the author and seventy years after his death. Usually resort to services of author`s society or doty as work is published, or in case of disputable situations for protection of the copyright.
The law is, but works poorly. In Russia the law “ About copyright and allied rights “ accepted in far 1993, underwent many changes and additions. According to this law, each author before publishing the work, signs the author`s contract with the publishing house or other body duplicating object of the right. So has to be.
But whether always the author cares for the information security? Someone has no time, someone did not see the law in eyes, someone does not want to understand it. The culture of consumption has to take root both society, and a family. Which of us did not download shareware programs on the Internet? And somebody paid for them? Which of us has no temptation to download the piracy copy of the new movie or game? This we violate the rights of the author and actually we steal his intellectual property. It is good if we use its work in personal needs, and how many at us national “ handymen “ who right there from this will begin to take the benefit! Plagiarism is pursued under the law. But it is for today rather an exception, than the rule too.
After many attempts of restoration of justice I managed to resolve an issue peacefully only with several plagiarists. The free newspaper from Kharkiv which reprinted my article, all - paid the fee. Now it is important to see the reference in the following issues of the newspaper (the indication of authorship and a source of information). Promised … the Scheme of communication with plagiarists at me is quite simple
. Thanks to the attentive reader of the project Shkolazhizni. ru - sent me this most free Ukrainian newspaper with my article. Wrote to newspaper editorial office the angry letter with references to the working law - World. At first there was a long correspondence, apologized, promised to understand, submitted the case to lawyers. The newspaper - a publication and that is written by a feather, as we know, you will not cut down the axe any more. It on the Internet can be removed silently article, and … And here business took a serious turn. Probably, the newspaper editorial office weighed everything “ for “ and “ against “ also came to a conclusion that it is cheaper to pay the fee. I wrote to them that the vigilant eye of our readers will watch closely their activity now. Here if all of us undertook such control together, I think, advantage would be more. It is necessary to influence financially.
On the Internet a situation with plagiarism another. Periodically I set in search engines of the name of the articles, and - clones, clones, clones … I begin correspondence with unfair publishers. Someone apologizes and appends the signature under materials, someone begins to be rude and deletes article, someone and remains is deaf and mute … Everything depends on their general culture and education, with respect of laws and copyright.
The optimistic aspect in this situation, certainly, is: if clones at Shkolyzhizni`s articles continually appear. ru - means, all this is necessary for someone, it is interesting, so all strong collective of the project not for nothing works.
The medal back - how many it is necessary for time that the people understood that there is such concept “ intellectual property “? Here and the holiday already appeared! With the International day of intellectual property of all with - creators! With a holiday, colleagues!