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Laws

Civil Code (Section10)

• 
  Section 10 - Intellectual Property
• Chapter 62 - General Provisions
• Chapter 63 - Copyright
• Chapter 64 - Related Rights
• Chapter 65 - Right to an Invention, Utility Model, or Industrial Design
• Chapter 66 - Rights to New Varieties of Plants and New Breeds of Animals
• Chapter 67 - Right to the Topology of Integrated Microcircuits
• Chapter 68 - Right to Protection of Undisclosed Information From Illegal Use
• Chapter 69 - Means of Individualization of Participants in Civil Commerce, of Goods, and of Services

Chapter 62: General Provisions

Article 1100. Objects of Intellectual Property
1.Objects of intellectual property include results of intellectual activity and means of individualization of participants in civil commerce, of goods, of work, and of services.
2.Results of intellectual activity are:
1)works of scholarship , literature, and art;
2)performances, phonograms, and transmissions of broadcasting organizations;
3)inventions, utility models, industrial designs;
4)achievements of plant and animal breeding;
5)the topology of integrated microcircuits;
6)undisclosed information, including secrets of production (or know-how).
3.Means of individualization of participants in civil commerce, of goods, of work, and of services are:
1)firm names;
2)trademarks (and service marks);
3)names of places of origin (or designations of origin) of goods.
4.Objects of intellectual property also include other results of intellectual activity and means of individualization of participants in civil commerce, of goods, and of services in cases provided by the present Code and other statutes.
Article 1101. Bases for the Arising of Rights to Objects of Intellectual Property
1.Rights to objects of intellectual property arise by virtue of the fact of their creation or as the result of the giving of legal protection by an empowered state body in the cases and by the procedure provided by the present Code or by another statute.
2.The conditions of providing legal protection of undisclosed information shall be determined by a statute.
Article 1102. Personal Non-Property and Property Rights to Objects of Intellectual Property
1.Personal non-property and property rights with respect to the results of creative activity belong to the creator of the results of intellectual activity.
2.Personal non-property rights belong to the creator regardless of his property rights and are retained by him in case of passage of his property rights to the results of intellectual activity to another person.
Article 1103. Right of Creatorship
1.The right to be recognized as the creator of a result of intellectual activity (the right of creatorship) is a personal non-property right and may belong only to the person by whose creative labor a result of intellectual activity has been created.
2.The right of creatorship is inalienable, non-transferable, and is effective without limit of time.
3.If a result is created by the joint creative labor of two or more persons, they shall be recognized as cocreators.
Article 1104. Exclusive Rights to Objects of Intellectual Property
1.The holder of property rights to a result of intellectual activity or to a means of individualization of participants in civil commerce, goods, and services (hereinafter*means of individualization) has the exclusive right of lawful use of this object of intellectual property at his discretion in any form and any way.
2.The use by other persons of objects of intellectual property, with respect to which their rightholder has an exclusive right is allowed only with the consent of the rightholder, unless otherwise provided by statute.
3.The holder of an exclusive right to an object of intellectual property has the right to transfer this right to another person in whole or in part, to permit another person to use this object, and has the right to dispose of it in another manner if this does not contradict the rules of the present Code and other statutes.
4.Limitations on exclusive rights, including by way of giving the right for the use of an object of intellectual property to other persons, the declaration of these rights as invalid and their termination (or annulment) is allowed in the cases, within the limits, and by the procedure established by the present Code and other statutes.
Article 1105. Passage of the Exclusive Rights to Another Person
1.Property rights belonging to the holder of exclusive rights to an object of intellectual property, unless otherwise provided by the present Code or other statute, may be transferred by their rightholder in full or in part to another person by contract, and they also pass by the procedure of universal legal succession by inheritance or as the result of the reorganization of a legal person that is a rightholder.
2.The transfer of property rights by contract or their passage by way of universal legal succession does not entail the transfer or limitation of the right of creatorship and other inalienable and nontransferable exclusive rights. The conditions of a contract on transfer or limitation of such rights are void.
3.Exclusive rights that are transferred by a contract must be defined therein. The rights that are not indicated in the contract as alienated are presumed not to be transferred, until proved otherwise.
Article 1106. Licensing Contract
1.Under a licensing contract the party holding an exclusive right to the result of intellectual activity or to a means of individualization (the licensor) grants the other party (the licensee) permission to use the respective object of intellectual property.
2.A licensing contract is presumed to be for compensation. The amount of remuneration and/or the procedure for determining the amount of remuneration and the time periods for its payment must be established in the licensing contract.
3.The licensing contract must define the rights given, the limits and the time periods for their use.
4. A licensing contract may provide for giving to the licensee:
1) the rights of use of the object of intellectual property with the retaining by the licensor of the right of use and the right of giving licenses to other persons (a simple, nonexclusive license);
2) the rights of use of the object of intellectual property with the retaining by the licensor of the right of use, but without retaining the right of giving licenses to other persons (an exclusive license);
3) other types of license allowed by statute.
Unless provided otherwise in the licensing contract, a license is presumed to be simple (nonexclusive).
5.A contract on the provision by the licensor of the right of use of an object of intellectual property to another person is a sublicensing contract. The licensor has the right to conclude a sublicensing contract only in cases provided by the licensing contract.
The licensee bears liability to the licensor for the actions of the sublicensee, unless the licensing contract provides otherwise.
Article 1107. Contract for the Creation and Use of the Results of Intellectual Activity
1.A creator may undertake by contract the obligation to create in the future a work, invention, or other result of intellectual activity and to provide to the customer who is not his employer exclusive rights to the use of this result.
2.The contract provided for in Paragraph 1 of the present Article must define the nature of the result of intellectual activity to be created and also the purposes or the means of its use.
3.A contract obligating a creator to provide to any person exclusive rights to the use of any results of intellectual activity that this creator creates in the future is void.
4.Terms of a contract limiting a creator in the future in the creation of results of intellectual activity of a particular type or in a particular area are void.
Article 1108. Exclusive Right and Right of Ownership
The exclusive right to a result of intellectual activity or a means of individualization exists independently of the right of ownership of the material object in which such a result or means of individualization is expressed.
Article 1109. Time Period of Effectiveness of an Exclusive Right
The exclusive right to an object of intellectual property is effective during the time period provided by the present Code or other statutes.
Article 1110. Means of Protection of Exclusive Rights
1.Protection of exclusive rights shall be conducted by the means provided by Article 14 of the present Code. Protection of exclusive rights may be conducted also by:
1) taking of material objects with the aid of which exclusive rights are violated and material objects created as the result of such violation;
2) compulsory publication about a breach committed, with an inclusion therein of information about to whom the right breached belongs;
3) other means provided by statute.
2.In case of breach of contracts on the use of results of intellectual activity and of means of individualization the general rules on liability for breach of obligations (Chapter 26) shall be applied.