Part 4

Adopted by the State Duma on November 24, 2006
Approved by the Federation Council on December 8, 2006

Section VII
Rights in the Results of Intellectual Activities and Means of Individualisation

Chapter 69. General Provisions

Article 1225. The Protected Results of Intellectual Activities and Means of Individualisation

1. Below are the results of intellectual activities and the means of individualisation of legal entities, goods, works, services and enterprises which qualify as such which enjoy legal protection (by intellectual property):
1) scientific, literary and artistic works;
2) programmes for computers (computer programmes);
3) databases;
4) performances;
5) sound recordings;
6) broadcasting and cable radio and television programmes (the transmissions of broadcasting or cable organisations);
7) inventions;
8) utility models;
9) industrial designs;
10) breeding achievements;
11) integrated circuit layout-designs (topography);
12) know-how;
13) firm names;
14) trademarks and service marks;
15) the appellation of origin of goods;
16) commercial names.
2. Intellectual property is protected by law.

Article 1226. Intellectual Rights

For the results of intellectual activities and the means of individualisation qualifying as such (the results of intellectual activities and means of individualisation) intellectual rights are recognised as including an exclusive right deemed a property right, and also in the cases specified by the present Code personal non-property rights and other rights (artists resale right, right of access and others)

Article 1227. Intellectual Rights and the Right of Ownership

1. Intellectual rights do not depend on the right of ownership to the material medium (thing) in which the result of an intellectual activity or the means of individualisation is expressed.
2. The transfer of the right of ownership to the thing does not cause the transfer or granting of intellectual rights to the results of the intellectual activity or the means of individualisation expressed in the thing, except for the case described in Item 2 of Article 1291 of the present Code.

Article 1228. The Author of the Result of an Intellectual Activity

1. The author of the result of an intellectual activity is the citizen by whose creative labour such result has been created.
The following shall not be deemed authors of a result of an intellectual activity: citizens who have not made a personal creative contribution in the creation of such result, for instance, who have rendered only a technical, consultative, organisational or material assistance to the author thereof or who have only assisted in the completion of formalities for such result or for the use thereof, and also citizens who have supervised the performance of the relevant works.

2. The author of the result of an intellectual activity holds the right of attribution, and in the cases envisaged by the present Code a right to the name and other personal non-property rights.
The right of authorship, the right to the name and other personal non-property rights of the author are unalienable and unassignable. A waiver of these rights shall be deemed null and void.
The right of authorship and the name of the author shall be protected in perpetuity. After the author's death any person concerned may protect his authorship and name, except for the cases set out in Item 2 of Article 1267 and Item 2 of Article 1316 of the present Code.

3. The exclusive right to the result of an intellectual activity created by creative labour is initially vested in the author. This right may be transferred by the author to another person under a contract, and it may also be transferred to other persons on the other grounds established by law.

4. Rights in the result of an intellectual activity created jointly by the creative labour of two and more citizens (co-authorship) are jointly owned by the co-authors.

 

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