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  • Terms and definitions

    Author

    – a citizen whose creative work has created the result of intellectual activity (invention, utility model, industrial design, computer program, database, work of science, literature, art, etc.) Art. 1228 of the Russian Civil Code).

    Copyright law

    – A set of legal rules defining the rights and obligations of authors of literary, scientific and artistic works arising in connection with the creation and use (publication, execution, display, etc.) of works of literature, science and art .

    Database

    -Presented in an objective form a set of independent materials (articles, calculations, normative acts, court decisions and other similar materials), systematized in such a way that these materials could be found and processed with Using an electronic computer (computer) (art. 1260 of the Russian Civil Code).

    Design

    -Shape and appearance of the product. The design aims to give the products a competitive look. It is created on the basis of studying directions of modern fashion development and consumer psychology.

    Application

    -a set of documents submitted by the applicant or a trustee on behalf of the applicant and containing a request for the issuance of a security document.

    Application for the grant of a patent

    -Document of the application, drawn up in accordance with the established form and containing the request for the issue of the protection document (patent for invention, industrial design, utility model).

    Application for Registration

    -a document of the application made in accordance with the established form and containing the request for registration of the object of Protection (trademark, service mark, appellation of origin, computer programs or database, integrated circuit topology).

    Service mark

    -a designation that serves to personalize the work or services provided by legal entities or individual entrepreneurs. The rules of the Civil Code of the Russian Federation on trademarks are accordingly applied to service marks (art. 1477 of the Russian Civil Code).

    Copyright Protection Sign

    -placed on each copy of the work and consists of three elements: the Latin letter C in the circle, the name and title of the right holder and the year of the first publication of the work (art. 1271 of the Russian Civil Code).

    Mark of the appellation of origin of goods

    -is a verbal designation "registered name of place of origin of goods" or "registered Nppo" and indicates that the used designation is the name of the place of origin of the goods registered In the Russian Federation (art. 1520 of the Russian Civil Code).

    Trademark protection Mark

    -consists of the Latin letter "R" or the Latin letter "R" in the Circle ® or the word "trademark" or "registered trademark" and indicates that the symbol used is a trademark protected in the Territory Russian Federation (art. 1485 of the Russian Civil Code).

    Sign of protection of the integrated circuit topology

    -Consists of the selected capital letter "T" 1 ("T" 2, T, T * or T), the date of the beginning of the term of validity of the exclusive right to the topology and information, allowing to identify the copyright holder (art. 1455 of the Russian Civil Code).

    Inventor

    -the author of the invention recognized as such by the official State body.

    Invention

    -Technical solution in any area related to the product (in particular, the device, substance, strain of the microorganism, culture of cells of plants or animals) or the method (process of action on the material object with the help of material Including the application of the product or method for a specific purpose. Under the current legislation of the Russian Federation the invention is granted legal protection, if it is new, has an inventive level and is industrially applicable (art. 1350 of the Russian Civil Code).

    Intellectual Property

    -protected results of intellectual activity and equivalent to them means of individualization of legal entities, goods, works, services and enterprises: works of science, literature and art; Programs for electronic computing Machines (computer programs); database; Execution; Phonogram; Broadcast or by cable of radio or television broadcasts (broadcasting of broadcasting or cable broadcasting organizations); Invention; Useful models; Industrial designs; Selection achievements; topology of integrated circuits; Production secrets (know-how); Brand names; Trade marks and service marks; Appellations of origin of goods; Commercial designations (art. 1225 of the Russian Civil Code).

    Intellectual rights

    -rights to the results of intellectual activity and equivalent to them means of individualization, which include the exclusive right, which is a property right, and in some cases, provided by the legislation, also personal Non-property rights and other rights (art. 1226 of the Russian Civil Code).

    Information search

    -Analysis of the sources of information to determine the level of technology in comparison with which the novelty and inventive level of the proposed proposal is evaluated. The information search is carried out on the application which has passed the formal examination with the positive result, at submission of the corresponding application by the applicant or the third person.

    Commercial designation

    -Non-brand name and not subject to mandatory inclusion in the constituent documents and the unified State Register of legal entities the designation used by legal entities engaged in entrepreneurial activity ( Including non-profit organizations, to which the right to carry out such activities is granted in accordance with the law by their constituent documents), as well as individual entrepreneurs to personalize their trade , industrial and other enterprises. The commercial designation may be used by the rightholder to personalize one or more enterprises. Two or more commercial symbols may not be used at the same time to personalize one enterprise (art. 1538 of the Russian Civil Code).

    License Agreement

    -a contract by which one party-holder of an exclusive right to the result of intellectual activity or a means of individualization (licensor) provides or undertakes to grant the other party (licensee) the right to use Such result or such means within the limits stipulated by the contract (art. 1235 of the Russian Civil Code).

    International application

    -An application for an invention filed under the Patent Cooperation Treaty (PCT) or an application for a trademark filed under the Trademark Registration Agreement (TRT).

    International Patent Classification (IPC)

    -The classification of inventions adopted on the basis of an international agreement, built on the functional-sectoral principle and used as the main or additional means for the Uniform International Classification And finding information about inventions.

    International Classification of Industrial Designs (INCD)

    -The WIPO Locarno Agreement on the establishment of an international classification of industrial designs two-tier classification of products used in the examination and registration of objects declared and recognized as industrial Samples.

    International Classification of goods and Services for trademark registration (ICGS)

    -The system of classification of goods and services adopted by the Nice Agreement is used in the examination and registration of trademarks.

    Name of place of origin of goods

    -a designation representing either a modern or historical, official or unofficial, full or abbreviated name of the country, urban or rural settlement, terrain or other geographical object, as well as A designation derived from such a name and which has become known as a result of its use in respect of a product whose special properties are exclusively or mainly determined by the natural characteristics of the geographical object Conditions and (or) human factors. The exclusive right of the manufacturers of such goods may be recognized for the use of this name. Art. 1516 of the Russian Civil Code).

    Know-how (production secret)

    -Information of any nature (production, technical, economic, organizational and other) on the results of intellectual activity in the scientific and technical sphere and on the ways of carrying out professional activity, having The actual or potential commercial value due to the unknown to third parties (article 1465 of the Russian Civil Code).

    Security document

    -a document certifying the state protected rights to discoveries, inventions, utility models, industrial designs, trademarks and other objects of industrial property (certificates of discovery, author's certificates and Patents for inventions, Certificates and patents for industrial designs, utility models and selection achievements, certificates of registration of the trademark, Service mark, Certificate of registration and granting the right to use the name of the place Of the goods and the certificate of Rationalization offer).

    Patent duty

    -The monetary fee charged by the patent Office for committing legally significant actions related to the legal protection of industrial Property objects.

    Patent purity

    -The legal property of the object of technique or technology, consisting in that it can be used in the given country without infringement of the protected documents of the exclusive right acting on its territory. Patent purity in respect of any country are those objects that are subject to patents for inventions, utility models or industrial designs that are valid in the territory of that country. In addition, the objects must not violate registered trademarks, as well as brand names, service marks and appellations of origin of goods. The concept of patent purity applies not only to material objects (devices, methods, substances), but also to the technical documentation on which the object is produced or will be produced (including business prospectuses, standards, Technological documentation, etc.).

    Patent Office

    -The State body of the country authorized by the Government to protect industrial property.

    Patent research

    -Research carried out in the process of creation, development and realization of industrial products in order to ensure the technical level and competitiveness of these products, as well as to reduce the cost of creating products by eliminating duplication Research and development. Patent research is carried out on the basis of analysis of sources of patent information with attraction of other kinds of scientific-technical and advertising-economic information, containing the information on the latest scientific and technical achievements connected with Development of industrial products, the State and prospects of the market of products of this type.

    Patent rights

    -Intellectual rights to inventions, utility models and industrial designs. The author of the invention, the utility model and the industrial design belong to the exclusive right and authorship. In cases stipulated by the Civil Code of the Russian Federation, the author of the invention, utility model or industrial design also owns other rights, including the right to obtain a patent, the right to remuneration for an official invention, utility model or industrial design. Art. 1345 of the Russian Civil Code).

    Patent document

    -officially published, as well as non-published document containing information on the results of research, design and other similar works, declared or recognized by discoveries, inventions, industrial designs, Useful models, as well as information on the protection of the rights of inventors, patent, holders of certificates of discovery and certificates of registration of utility models, trademarks, service marks, appellations of origin of goods. Patent documents include official publications of patent offices, including: official patent bulletins; Descriptions to applications for inventions; Descriptions of inventions to copyright certificates or patents; Official publications on changes in the State of legal protection; Trademark information, etc.

    Useful model

    -The technical solution related to the device is protected as a useful model (art. 1351 of the Russian Civil Code).

    Holder

    -Under the rights holder in the current legislation of the Russian Federation is understood the author, his heir, as well as any natural or legal person who has exclusive property rights, obtained by virtue of the law or the contract.

    Computer program

    -Presented in an objective form a set of data and commands intended for the operation of computers and other computer devices for the purpose of obtaining a certain result, including preparatory materials obtained during the development computer programs, and its audiovisual displays (art. 1261 of the Russian Civil Code).

    Industrial Design

    -The solution of the appearance of the product of industrial or handicraft-handicraft production is protected as an industrial model (art. 1352 of the Russian Civil Code).

    Official invention

    -An invention created by an employee (author) in connection with the performance of his or her work duties or a specific job of the employer. The right of authorship for a service invention belongs to the employee (author). The exclusive right to an official invention and the right to obtain a patent shall belong to the employer if the labour or civil law agreement between the employee and the employer is not stipulated otherwise (art. 1370 of the Russian Civil Code).

    Trade mark

    -Designation for the individualization of the goods of legal entities or sole proprietorship (art. 1477 of the Russian Civil Code).

    Integrated circuit topology

    -The spatial-geometrical location of the totality of the elements of the integral chip and the connections between them is fixed on the material carrier. In this case, the integral microcircuit is a microelectronic product of the final or intermediate form, which is intended to perform the function of electronic circuit, elements and connections of which are inseparablely formed in volume and (or) on the surface Material on the basis of which the product is manufactured (art. 1448 of the Russian Civil Code).

    Brand name

    -The name of a legal entity, which is a commercial organization under which it acts in civil circulation and which is defined in its constituent documents and is included in the unified State Register of legal entities under the state Registration of a legal entity (art. 1473 of the Russian Civil Code).

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