Objects of intellectual power are divided into. Intellectual power and intellectual rights. Features of Non-Main Law
The cob of manifestation of intellectual activity will lie down for a long time. Prote need for її legal regulation vinyl richly pіznіshe. Historically, the first institution of the law of intellectual power was copyright. Already in the era of Antiquity, copyrights on literary creations began to be protected. Facts in relation to someone else's creation, and to inspire his creation, were judged.
Law IV was formed with the development of "mass volatility" in the spiritual sphere and the vindication of the interests of the subjects of intellectual activity. Significantly, the right to intellectual power is not entrusted to the process of intellectual activity.
Intellectual authority is the name given to the results of intellectual activity, and to bring about the rights of their individualization, protected by law (Article 1125 of the DC). Intellectual power may be characteristic rice. Let's look at the headlines.
1) Intangibility. In the same way, the head is the most important peculiarity, which makes the traditional sensation look like a boss. Mayuchi deaku rіch, you can arrange it for your own judgment: koristuvatsya independently or pass it on to another person at the timchas koristuvannya. With this one and the same, it is not possible to mitigate in two. With intellectual power on the right, otherwise, shards in to this particular type with one and the same object you can spend time in different places at once. I kіlkіst kіlkіst koristuvachіv iѕ іnіchim іnіchim іnіchim іnіchim.
2) Absoluteness. It means that you should resist the decision of errors. Nothing, of course, can't claim the right to be a specific author's object of intellectual power. Significantly, the fact that the presence of a fence on the object's corystuvannya cannot act like it allowed.
3) The creation of non-material objects of intellectual power in material objects. Let's explain in an example. Having bought a laser disc with musical creations, you become a master of goods, tobto material nose. But with whom you do not gain everyday rights to create yourself, which are saved for whom you object. In other words, with a disc you have the right to come to your judgment, but the music does not become your power. Everyday changes (arrangements, reworks) cannot be added.
4) The need for direct fermentation by the law of the object of intellectual power. This principle means the same. Chi no matter what the result of creative activity can be considered as an object of intellectual authority. Tse is fair when it comes to individualization. For example, with the help of individualization of the site in global networkє domain name. However, it cannot be recognized by the intellectual authority, the shards in the law do not say anything about the price.
The latest change of objects of intellectual power is located at the station. 1225 Central Committee. Another result of intellectual activity, not guessing at the status of the status, not intellectual authority. Otzhe, tsey object does not blame the intellectual rights of power. Tse means that you can speed up to them, be it a person, without being allowed to be.
There are two categories of intellectual power: industrial power and copyright. Elements of trade power: wines, company names, trade marks, trademarks, hand-drawn models, service marks, names of geographic areas.
literature;
- music;
- Science;
- Mystetstvo;
- Cinematography.
Defender of the industrial authority, come in, to intersect unsummoned competition. It is part of a larger general category under the name "intellectual power". can go through registration. Їх creation, vikoristannya and protection are due to all the rules, we will establish for intellectual authority.
Registration of industrial authority is handled by the patent office. The procedure for the examiner of the patent is being completed. Only after registration intellectual authority will be endowed with the status of industrial authority. Tsya umova not zastosovuєtsya until.
Let us characterize briefly the actions of intellectual power:
Vinahid. Under winemaking, there is a technical solution, which hovers whether the sphere of human activity. Tse mozhe stosuvatisya product or method. Head minds є: promises of zastosuvannya, novelty, the presence of wine-making jealousy. The products of winemaking are strains of microorganism, cells of living and growing organisms, speech, outbuildings. Sposib - an algorithm to overcome the material object in order to achieve the result.
Core model. Tse technical solution, directed to a specific attachment. Wimogi to the point of being known is a sign of novelty and industrial zastosuvannya.
Promise word. It looks like an artistic design solution. Characterizes the splendid-looking viroba, prepared in a traditional Chinese way. The law of legal protection is evident at the time of different novelty and originality. The originality of the trade mark is due to the improvement of the original signs that suffice for the creative nature of the product specificity. Before to the signs of the trade mark, there are such signs that designate the aesthetic and (or) ergonomic features of the zovnіshny look of the product. Here you can zarahuvati form, color solution configuration, little ornament.
Trademark. In the capacity of trade marks, that service mark is a sign, for the help of which one can individualize workers, comrades, as well as servants by physical or legal persons.
Firm name. Vono zastosovuєtsya for іdentifіkatsії pripriєmstva chi kompanії zagalom. Others - without the recognition of goods and services that rely on them in the open markets. A firm name, which took away the status of an object of intellectual power, which is protected, symbolizes the business reputation of the ruling subject. When it comes to acting, it is also a valuable asset. For a company name, a special registration is not required. After this fixation in the Unified State Register of Legal Entities (Unified State Register of Legal Assignments) there is no provision for protection on the territory of the Russian Federation.
The name of the place. It is possible to take away the right to choose the name of the place after the state registration and the removal of the certificate of recognition.
intellectual right
Under the intellectual understanding of the right, as if recognized by the law of the object of intellectual authority. There are three types of intellectual rights:
Turn right. Mova go about the right to win objects of intellectual power in any manifestations, both for the form, and for the ways. At the same time, the same right includes the possibility of fences for all other persons to win power without the permission of the right-holder. Vinnyatkovogo's law is expanding despite all the objects of intellectual authority;
Special non-main law. It is the right of a hulk-author of the object of intellectual power. Such a right to blame is less for the minds, enshrined in the law;
More right. Qiu group will have rights that are different for their nature. Their main peculiarity is a significant sign, which can be seen in the first and the other group. Zocrema, right of passage, access.
Transfer of intellectual power
Intellectual power cannot be conveyed, the shards are out as an intangible object. You can talk less about the transfer of rights to it. The vinyatkovy law is especially worthy.
Vinyatkovy law can be ordered in a number of forms:
Way of vіchuzhennya vinyatkovogo law. Tse with the transfer of the vinyatkovo right to one individual to another general obligation. This procedure is accompanied by an increase in legal capacity to win over the previous legal authority of the object of intellectual authority;
Grant of the right to corroborate the object of intellectual power on the basis of a license agreement. From whom the right-holder takes from himself the vinyatkov right. And the licensee shall transfer the right to win the object in the exchanged agreement, transferred by the license agreement. The license itself is twofold: the blame is simple. The first option is to defend the right-holder to lay down similar agreements with other persons, and the other is to take the right to the right-holder.
Copyright and trade power can be taken away by official legal defense only after their sovereign registration. Registration of intellectual authority can be done using additional methods:
The defender of the rights of intellectual authority is secured in a legislative way on the basis of the image of the change and the legacy of real damage. Legislation transfers civil law, administrative and criminal liability for violating the rights of intellectual power.
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9.1. Appointment of intellectual authority
9.4. Transfer of intellectual power
9.1. Appointment of intellectual authority
Intellectual power is more understandable, adopted by Russian legislation from international opinions, it will not be possible to stand up to vinyatkovyh rights to the results of intellectual activity.
The concept of “intellectual authority” dates back to 1967, when the All-World Organization of Intellectual Authority (VOIV) was created at the Stockholm Conference. Article 2 of the Convention, as the beginning of the WWII, includes in the concept of intellectual power “all rights that are granted to intellectual activity in the field of science, science, literature and art”.
It is accepted to differentiate between two types of intellectual power:
a) a promise that is protected by patent law; b) artistic and cultural, as it is protected by copyright.
Ob'єkti promislovoї vlasnostі: vinhodi, korisnі modelі, promislovі zrazki, trademarks and signs of service, fіrmovі naming, naming mіstsya like goods, know-how other secrets).
Ophti Author's right: science Publikatsya, dramatic dramatical create, create choreographers, create a geo, create a decorative-dumb, scenariral mystics, make a garden and a photochessh, take pictures of the Park Mistracth. maps, plans and int., programs for EOM and data bases, selection access, topology of integrated microcircuits, and other things.
Vinahid is a completely new (vineyard equal) method of technical improvement of the state's factory, which gives a positive effect in the technology of manufacturing, in the operation of scientific and technical products, and in the safety of work. Objects of winemaking can be: attachment, method, speech, strain of a microorganism, culture of clitin roslin and creatures, as well as stosuvannya previously added, method, speech, strain for new signs.
Not recognized by patent promoters: scientific theories and mathematical methods; methods of organization and management of the state; umovnі oznachennya, lay out, rules; methods of vikonannya rozumovyh operations; algorithms and programs for computing machines; projects and schemes for planning disputes, life, territories; decisions, as if they are standing for nothing more than a splendid-looking virobiv, created for the satisfaction of aesthetic needs; topology of integrated circuits; varieties of roslin and breed of creatures; decision, which superchet the subservient interests, the principles of humanity and morality.
Korisna model - tse istotno new and industrially zastosovny in the galleys of the people's statehood virib. The similarity of winemaking with the coris model can be clearly illustrated by the approaching principle: wines, which are worth adding, can be patented like a coris model.
Promislovy srazok - the price of a new original artistic and constructive solution to the viroba, which signifies the same old look for the mind and promyslova zastosuvannya in the closets of the people's state.
Trademarks and service marks are registered in accordance with the established procedure for the identification of participants in the state turnover, goods, services. To zasobіv іndivіdualіzacії so vіdnosyatsya fіrmove naming and naming mіscya goods. As a trademark, a logo can be registered; sound reduction (music); verbal recognition.
The topologies of integrated microcircuits are fixed on the material nose in a space-geometrical arrangement of the totality of the elements of an integrated microcircuit and the links between them.
Breeding dosyagnennya - all varieties of roslin and breed of creatures.
The program for the EOM is an objective form of representing the totality of these commands, which are used for the functioning of electronic computing machines (EOM) and other computer attachments to achieve the desired result. Under the program for EOM, there are also preparatory materials, taken out in the course of development, and audiovisual reproduction, which are generated by it.
Databases of data are an objective form of filing and organizing the collection of data, for example: articles, rosrakhunkiv, systematized in such a way that these data could be found for the help of the EOM.
9.2. patent law
Patent rights protect winemakers, colorful models and craftsmanship are objects of tradesmanship.
The registration of intellectual power is controlled by the way of granting a patent by the bodies of Rospatent. The principle of registering industrial authority is the same principle of reviewing expertise. Formal examination of the application is the purpose of re-verification of the presence of the necessary documents, before the installation of the documents, it could be possible to provide them with such a view of the food about those that the proposition to the objects, which is supposed to be legally protected, is supposed to be.
A patent is a document that certifies the authorship and grants the right to vinatkov to Vlasnik Vinyatkov, a korisnu model, a word of pronouncement. Patent for winemaking for a period of 20 years; for promissory notes, a patent for a stretch of 10 years can also be extended up to 5 years; Certificate of origin model is seen in the term 5 years and can be extended up to 3 years.
An application for wine (corresponding model, word of mouth) is guilty of: 1) an application for a patent for the designation of the author (authors) and the individual (osib), for the name of the author (authors) that the patent is filed for, as well as their place of residence or their place of residence; 2) a description that reveals the object in full, sufficient for the construction; 3) a formula that reflects its daytime reality and is based on the inventory; 4) armchairs and other materials, as the stench is necessary to understand the essence of the object; 5) abstract. An application for promissory notes is additionally liable to include a set of photographs, which show the image, a layout, or small ones, to give more detailed information about old-fashioned virobi; an armchair of a bold appearance to a viroba, an ergonomic scheme, a confectionery card, as if the stench is necessary to reveal the essence of a trade mark. Before the application, a document is added confirming the payment of the mit.
In return, in the sphere of individualization of participants in the government's turnover, they are regulated by patent law. As trademarks can be registered verbal, image-creating, ob'єmnі and other designations or combinations. The association of osіb, the creation and activity of which does not supersede legislation, has the right to register a collective mark, which is a trade mark, recognized for the recognition of goods, which are (or) realized by persons that are included in the given association, that volody blazing characteristics. The copyright holder of a trademark can affix a warrant with a trademark in front of the Latin letter "R" or ®, or the verbal designation "trademark" or "trademark registration", which should be applied to those that have not registered with a trademark, we will register with Russian Federation.
Registration of a trademark for a period of ten years, rahuyuchi from the date of the application to the Patent Office. Trademark registration line the rest of the rockїї dії, shorazu for ten years. On registration of a trademark, a trademark certificate is issued. Trademark registration is required for the first classes of goods and services, which are assigned to the International classifier of goods and services. So, for example, as a manufacturer of floor lamps, having registered the trade mark "Light Way" in a superior class, then another company, for example, illuminating services, can also register the same trademark.
An application for the registration of a trademark is guilty of: an application for the registration of a trademark as a trademark of the applicant's designation, as well as the same place of residence or place of residence; the designation is declared; transfer of goods, which require the registration of a trademark; description of the claimed sign.
Reєstracіya name the place of the goods dіє bezstrokovo. The right to koristuvannya sim same naming mіstsya pohozhennya goods can be but given to any legal or legal physical person, that at the borders of the same geographic object, goods are being developed, which can be carried out by the very basic authorities. Svіdoctvo about the grant of the right to koristuvannya naming mіstsya pohodzhennya goods dіє until the end of ten years, rahuyuchi z date of submission of the application. The term of dії svіdotsva can be prodovzheno according to the statement of the vlasnik schoraz for ten years.
Copyright regulates the blueprints that are blamed on links to creations and works of science, literature and art (copyright), phonograms, vikonan, productions, broadcasts of organizations of broadcasting and cable communication (summ_zhnі rights).
The author's right to the creation of science, literature and mysticism is vindicated through the fact of its creation. For viniknennya, that creation of copyright is not necessary to register the creation, other special registration of the creation, or the need for any formalities. Vlasnik vinyatkovyh copyright for information about their rights has the right to vikoristovuvaty sign of protection of copyright, scho revenge on the skin copy of creation and consists of three elements: the Latin letter "C" in the case: ©; name (name) of the owner of the vinyatkovy copyrights; To the fate of the first publication of the work, the author's right to tvir, created by a joint creative process of two or more osib (spіvavtorstvo), to lie with the authors svіlno svіlno svіlno in addition, such tvіr is created one incomprehensibly tsіle or folds of self-significant parts, skin.
Objects of copyright є: create literary works (including programs for EOM); create music with text or without text; audiovisual creations; create figurative art; create architecture; create something else. Prior to the objects of copyright also lie: do good things (translate, cuts, annotations, abstracts, summaries, look around, other work of works of science, literature and art); collections (encyclopedias, anthologies, data bases) and other warehouses. Copyright does not extend to ideas, methods, processes, systems, methods, concepts, principles, opinions, facts.
The copyright to the TV, created in order to keep the service obov'yazkіv chi of the service manager of the robot (service TV), belongs to the author of the service work. Vinyatkov's right to win a service work belongs to a person, for which the author uses labor vodnosyns (robotic sellers), as in the contract between them, the author did not transfer it otherwise. Rosemary of the author's wine for the skin type of victory for the service work and the order of yogo viplati are established by an agreement between the author and the robot seller.
Copyright for the life of the author and 50 years after his death. The right of authorship, the right to name and the right to protect the author's reputation are protected without a line. Copyright on TV, copyrighted anonymously under a pseudonym, for a stretch of 50 years after the date of the rightful publicity. As if by stretching the assigned term, the author to creation, released anonymously or under a pseudonym, reveals his own specialty, otherwise his specialty will not be too sumnivіv far, then the right to stretch out the life of the author and 50 fates after his death. Copyright for twіr, creations of spivauthors, dіє protyag mousy life and 50 years after the death of the remaining author, who survived other spivavtorіv.
The right of authorship to the topology, which is protected, is not subject to special rights and is protected by law without a line. Vinyatkov's right to topology, which is protected, for a stretch of ten years. The original topology, created as a result of the creative activity of the author and the unknown author and (or) fakhivtsy at the gallery of the topology development on the date of its creation. Submitting an application for the registration of a topology may be zdіysnenno at the lines, but not more than two years from the date of the first selection of the topology, yakshcho there is little space. An application for the registration of a topology may be filed: an application for an official registration of a topology; deposited materials that identify the topology, including the abstract; a document confirming the payment of the registration fee.
The right to selection access is protected by law and is confirmed by a patent for selection access. The term for a patent on breeding property becomes 30 years from the date of registration of the designated property with the Sovereign Registry of breeding property that is protected. On grape varieties, decorative villages, fruit crops that forests of terms of the terms of the patent become 35 years. Criteria for the protection of the building of the selection achievement are: a) novelty; b) discretion; c) uniformity; d) stability.
An application for the granting of a patent for selection can be awarded: an application for granting a patent; a questionnaire of selection achievement; a document confirming the payment of the inserted mit. Included is the right of the patent holder on the selection property to the fact that whether a person is guilty of taking away the patent license to create a patent for breeding, tribal material of the selection property, which is protected, the following activities: b) bringing to good conditions for further reproduction; c) proposition on sales; d) sales and other sales; e) visas from the territory of the Russian Federation; f) importation into the territory of the Russian Federation; g) saving from the resurrected for more purposes.
Programs for EOM and data bases are considered to be objects of copyright. EOM programs hope for legal protection like works of literature, and data bases - like collections. Copyright right from the moment of creation of the program for EOM or the basis of data for the life of the author and 50 years after the death of the author. The term of termination of copyright for the program for EOM and the data base, created at the warehouse, are calculated at the hour of death of the remaining author, who survived other authors. Copyright for the program for EOM or the database, released anonymously or under a pseudonym, at the moment of its release from the world for 50 years. If the author of the program for EOM is either a base of data, released from the world anonymously or under a pseudonym, revealing his person by stretching the designated term, or the adoption of pseudonyms by the author does not leave doubts in this individual, then the term of protection, transferring paragraph 1 of the article. Features of the author's rights to the program for EOM and the data base are protected line-free.
Features of the author's rights to the program for the EOM and the data base include: the right of authorship - that is the right to be entered by the author of the program for the EOM or database; the right to im'ya - that is the right to designate the form of the author's name in the program for the EOM chi base data - under your own im'yam, under the name of the author (pseudo-name) or anonymously; the right to nedorcannist (tsіlіsnіst) - that is the right to defend as the very program for the EOM or the base of data, so and їх names of various creative works or other encroachments, building zavdat shkodi honor and goodness of the author; the right to publicly release programs for the EOM or the basis of data - that is the right to publicly release or allow public release in the world (publishing) programs for the EOM or the basis of data, including a declaration about the release.
Including the right of the author to the program for the EOM and the data base - the right to authorize and (or) allow the creation of such activities: the creation of programs for the EOM or the data base; extension of the program for EOM chi bazi danih; modification of programs for EOM or data base, including translation of programs for EOM or data base in one language; else using programs for EOM chi basic data. Inclusion of the right to the program for the EOM or the database can be transferred to other persons by agreement.
Application for registration of software for EOM chi basic data may be filed: application for official registration of software for EOM chi basic data; depositing materials to identify the program for the EOM and the data base, including the abstract; a document confirming the payment of the sovereign mit.
The International Protection of Intellectual Authority is established by the International Agency for Protection of Copyrights (MAAP).
9.4. Transfer of intellectual power
When transferring (transferring) patented intellectual property, a license is issued between the licensee (buyer) and the licensor (seller). The transfer of non-patented objects is formalized by an agreement.
Behind the LICCONSIARY Treaty Patent resort (LICCONSIAR) Zobov'yazu, Nadati, the right to vicoristan, is concerned with the purest of the sovereign, to hunt, in the observable agreement, INNSHII ORII (LICCONSISE), and the remaining bore on the LICESSYARY TODISHIK. іnshі dії, peredbachenі agreement. The license agreement for registration with the Patent Office is considered invalid without registration. In the case of an exclusive license, the licensee shall be transferred the exclusive right to win the object of industrial authority no more than those who have been informed by the contract, with savings for the licensee of the right to win the part not transferred to the licensee. A new license is the right of a licensee to license a patent and a licensee to act as an independent license by extending the terms of the agreement. At the time of non-violating (simple) licenses, the licensor, granting the licensee the right to win the object of industrial power, takes all the rights that are supported by a patent, including the granting of licenses to third persons. The patent holder can file an application to the Patent Office about the right to win the object of industrial authority (licence).
Royalties - tse payments for a license agreement, which should be paid in case of fixed payments for a single viable product issued for a wine license.
Lump-sum payment - payment for a non-exclusive license agreement, which is a one-time payment. When choosing a lump-sum form of payment for the licensee and the licensee, in the text of the license agreement, indicate the amount, which is paid in the form of a one-time payment for the hour of the transfer of the license to the licensee or in parts: for the hour of the day of the license agreement (10–30%); at the time of transfer of technical documentation to the licensee (40-60%); after the release of the first products (10-30%). We will simply arithmetic sum up the amount of payments calculated on the basis of royalties for the entire period of your license area, but it will be inaccurate in terms of the change in the “value” of the cost, depending on the term of their withdrawal. per fire rule, which affects the international trade in licenses, the licensee charges a lump-sum payment on the basis of a discount based on income, which can be deducted from a bank deposit when paying a licensed wine from a royalties. In case of paying fees, the licensee should reduce the price of the license in case of lump-sum payments.
Combined payments, for which part of the fees are charged in the form of lump-sum payments, and the reshta - in the form of payments on the basis of royalties, can compensate for risks both as a licensee and as a licensee.
Defender of intellectual authority. The defender is right, ob'ektiv.
Intellectual power - tse results of intellectual activity (RID) and prioritization to them, insuring individual legal rights, comrades, work, services and business, which hopes for legal protection. Tse legally appointed, scho to be punished by Article 1225 of the Civil Code of the Russian Federation.
Before її specific signs lie:
1. Intangibility
One can talk about incorporeality, on the authority of speech. Leather object of that chi and other variety of information. Being intangible, vin intrudes into material wear. The master of the rest (disc, book, picture) is the master of speech and can sell, donate, order in another rank. Ale, the right-holder of the object of intellectual authority, with no guilt.
2. Possibility of a one-hour conversation by subjects
Viplivaє іz yakosі immaterialіnostі. There can be only one person to greet the river - the sackmaster of another person. One and the same object of intellectual power can single-handedly win over an uncircumscribed number of osibs.
3. Territorial and timchasov obmezhenіst di
4. The object is directly guilty of the names of the law. Zakrema as a result of intellectual activity is vodkrittya, but the law does not bring them to intellectual authority.
Perelik closed. Everything that is not rehabilitated in the law is not subject to legal protection, intellectual authority is not. Before the objects lie:
create science, literature and art;
programs for electronic counting machines (programs for EOM);
bazi danih;
II. Other rights
vikonannya;
phonograms;
broadcasting on the air or by cable radio or TV programs;
III. patent law
wine walk;
short models;
promissory words;
IV. Sobi _individual_ization
company names;
trademarks and service marks;
name of the destination of goods;
commercial designations
V. To stand alone such objects, like
Secrets of manufacturing (know-how)
selection achievement;
topology of integrated circuits;
Do not hope for legal protection as a word of mouth, or zasib іndivіdualіlіzatsiї ob'ektіv, yakі include, vіdvoryuyut іmіtuyut official symbols, naming those official signs or їх vіdomі parts:
1) sovereign symbols and signs (ensigns, coats of arms, orders, penny signs toshcho);
2) abbreviated names of international and international organizations, their ensigns, coats of arms, and other symbolic signs;
3) official control, guarantee or brand marks, seals, fences and other signs.
See the rights to the objects of intellectual power
Features of non-main law.
I є inaccessible and non-transferable, they can only belong to the author himself, a hulk, and to be protected by the author or others by the scumbags. Blaming the vipadkahs, peredbachenyh law.
Vinyatkov's right
There may be a huge legal person, one or more dekilkom subjects sleepily.
Tse the right to win the object of intellectual authority in any form in ways that do not superechat the law, including the possibility of victorious victoriousness to all third persons without the right of a right-holder. Vіdsutnіst fencing for allowed not vvazhєtsya.
To repair by protyag the terms established by the legislation.
On the territory of the Russian Federation, there are victorious rights of intellectual power established by the Civil Code of the Russian Federation and international treaties:
"Pleasant about the international registration of marks", deposited in Madrid on 14.04.1891;
Parisian "Convention for the protection of industrial power" 1883;
Stockholm "Convention to found the All-World Organization of Intellectual Power" 1967;
"Pleasant about the International Classification of Goods and Services for the Registration of Marks", Nice, 06/15/1957;
"Bern Convention for the Protection of Literary and Mystical Works" dated 09.09.1886;
"Convention for the Protection of the Interests of Phonograms against Unlawful Making of Phonograms", Geneva, 10/29/1971;
and others.
Other rights - not included in the first two groups, for example, the right of access, directives.
Intellectual rights do not fall due to the right of power and other speech rights to material wear (rіch), for whom the stench is pronounced.
In the cases, transferring the DC of the Russian Federation, the right to RID or zasіb іndivіdualіlіzії is included, so it is the same as yogo vіchuzhennya, transition, outpost, nadanny vikoristannya for the contract pіdlyagaє state registration. according to the procedure established by the Order of the Russian Federation.
Юридично значущі дії щодо держреєстрації винаходів, корисних моделей, промислових зразків, програм для ЕОМ, баз даних, топологій інтегральних мікросхем, товарних знаків та знаків обслуговування, найменувань місць походження товарів, включаючи прийом та експертизу відповідних заявок, щодо видачі патентів та свідоцтв, що засвідчують excluding the right of their rulers to the objects of intellectual power, which is the responsibility of the federal agency of vikonavchos (Rospatent).
Chodo selection opportunities for guessing the functions of the building Ministry of the Russian State of the Russian Federation.
The right to file with Rospatent can be obtained through patent povernih - citizens of the Russian Federation who have passed accreditation and state registration.
Transfer of intellectual power
1. Remembrance
The right-holder can transfer the right to his vinyatkov in full obyazyazі іншій osobi by contract.
Behind the general rule is to pay the wine-grower, as it can be transferred to the form of fixing one-time or periodic payments, hundreds of repayments to income (viruchka) or in other forms. If tse goiter is destroyed, then the law-enforcement officer may have the right to enforce the contract and vimagati the blowing of the beaten.
The transition of the wine law under the contract for the state registration, as such a permit is installed for the object, where such a wine is laid.
The right to the program for the EOM and the database can be registered with Rospatent. At such a time, the transition of the exclusive right to the next person is subject to state registration.
2. Grant of the right to win over the license agreement
Under the license agreement, the legal authority (licensor) grants the other parties (the licensee) the right to win the object of intellectual authority from the transferring borders in the same way.
As a binding language, a written form was installed, which does not allow for the burden of yoga inadequacy.
The registration was transferred to the applicants, which gives the registration the right to RID or zasib іndivіdualіlіzatsії.
The license agreement may have a victorious territory, otherwise the whole Russian Federation is respected as such.
At times, if the term yogo diї is not indicated in the license agreement, for the last rule of wine it is respected for five years. At the time of the exclusive right, the license agreement is attached.
The payment of wine and the city is set as blatant rule. It can be transferred to the form of fixing one-time payments, recurring payments, hundreds of payments to income (viruchka) or other forms.
Іstotnі mind:
1) subject.
The object of intellectual power is to blame for the designations, in case of different cases, the number of the patent or the certificate for the new one.
2) vikoristannya methods.
Important: The transition of the exclusive right to another person is not subject to change the license agreement.
A simple (non-key) license grants the right to win against the licensor to save the right to issue licenses to other persons.
An exclusive license does not take away from the licensor the right to grant licenses to other persons. Vіn also do not have the right to victorize the result of intellectual activity and zasib іndivіdualіlіzatsії at the borders, for which the right to victorize is given to the licensee.
3. Transition of the key right to other rights without a contract
To go about the submission, peredbachenі law - universal law enforcement (decline, reorganization of a legal entity), and to bring about the brutal contraction of a law-enforcer.
Organizations that collectively manage copyright and collective rights
The enforcement of copyright and summіzhnyh rights in an individual order may be difficult. Would it be like a musical program, for example, victorious artists would have a lot of creative work, how would you make an agreement with a skin lawyer? Vrakhovuyuchi current rіven development of TV and radio, the number of rozvazhalnyh programs becomes practically unrealistic.
In order to secure the possibility of acquiring copyright and summation rights by the legal rulers of the winery, they are established on the basis of membership of a non-profit organization, where the management of all rights on a collective basis is required.
Substantiating renewed importance is an agreement that fits such an organization with a legal official, as well as an agreement (s) with another such organization, including a foreign one.
Organizations managing rights on a collective basis may have the right, in the name of the right-holders, or in their own name, to show assistance before the court, as well as to defend other legal actions.
There is also an institute of state accreditation for carrying out activities in the singing sphere of collective management. The organization has been accredited with the right order to manage the rights of these right-holders, with which it has laid down agreements, to manage the rights and the selection of wine for these right-holders, with which it has not laid down such agreements.
Defender of intellectual power
Behind the savage rule, super girls, who are accused of defending their intellectual property rights, are seen to be violating by the court.
We specialize arbitration court, scho rasglyadaє in the boundaries of their competence, cope with any disputes, related to the protection of intellectual rights, є Court of intellectual rights. Addresses: Ogorodniy proїzd, 5, stor 2, Moscow.
By the first instance, they look at:
Inquire about the taxation of normative legal acts of federal bodies of vikonavchos, protection in the areas of: patent rights, rights to selection rights, topology of integrated microcircuits, secrets of production (know-how), koshtom іndivіvіdіlіlіzatsії juridical, commodities, robіt, sluzhat that pіd intellectual activity at the warehouse with a single technology;
Arguing about the right to legal protection of the results of intellectual activity and attaching to them the rights of individual legal rights, goods, work, services and business (because of copyright and summation rights, topology, integration),
o about the defamation of non-normative legal acts, the decision and action (non-duty) of Rospatent, the federal authority for the selection of the estate and planting rights, as well as the authorities, approving the examination of applications for a patent for secret winemaking;
o about oskarzhennya decision of the federal antimonopoly body of the recognition of unfair competition diy, scho s vignatkovogo law koshtom іndivіdualіlіzatsії;
o about the establishment of a patent holder;
o about the recognition of the invalid patent, the decision about the title to the legal protection of the trademark, the name of the mіstsya pohodzhennya to the goods that about the title of the vinyatkovo right to such a name;
o about the completion of the legal protection of the trademark in the aftermath of the non-compliance.
Appointed lawyers are considered by the Court of Intellectual Rights regardless of whether they are members of legal organizations, individual entrepreneurs or citizens.
A special form of protection of intellectual power and suffocation administrative order, by way of sight federal body Vikonavcho vicoloen Vicol’s siblings of the Minsilgovodov (for selected reins) Pywan, who are supposed to be filed with a rod of applications for the virtue of the patent for the vinode, the coronary Model, the signs of the reinforcement, the signs of the ministry, the seniority of the service registration of their results in the intellectual activity and zabіv іndivіdualіlіzії, z vydakovіv vіdpovіdnyh pravovavlyuyuchih dokumentіy, skazhennja dannya tsikh zіch zulіvіv i zabіv juridical protection аbo її prinennymi. The decision of these bodies to gain rank from the day of praise. The stench can be oskarzhenі in front of the judge in the order established by law.
Vymogi schodo zahistu іtelektualnoї vlastnosti can declare pravovladniki, organizations collective management rights on a collective basis, other individuals have rights established by law.
Ways of defending can be divided into foreign countries, a copy of which can be found at Article 12 of the Central Committee of Ukraine, and that special, part of the Fourth Central Committee.
For the defense of special non-Main rights, the following are victorious:
1. Knowledge of rights
2. Reinstatement of the provisions that arose before the destruction of the law
3. Attached to destroy the right, or create a threat to destroy it
4. Compensation for moral damage
5. Publication of the decision of the court on the admission of damage.
6. Protecting the honor, goodness and reputation of the author
The defender of the vinyatkovyh rights to the results of intellectual activity and the cost of individualization is created in both blatant and special ways.
Before the wild ones, you can see the presentation of the vimog:
1) about the recognition of law - to the individual, for example, if you block it in another rank, you do not recognize the law, destroying the interests of the right-holder;
2) about the infliction of action, which destroys the right or creates a threat of this destruction, - to the individual, as inflicting such actions, or the necessary preparations for them, as well as to other circumstances, as they can inflict such actions;
3) about vіdshkoduvannya zbitkіv - up to the individual, yak unjustifiably won the result of intellectual activity, or zasіb іndivіdualіlіzії without keeping pleasing to the right-holder (negotiable vikoristannya) or otherwise violated the right and the right by the right, violated the right;
How are the special ways to win the victory:
1) the possibility of contracting compensation for the replacement of blown blows.
Compensation pіdlyagaє styagnennyu for the mind brought to the fact of wrongdoing. With whom, the ruler of the law, who turns out to be a defender of the law, revolts in the wake of bringing about the rozmіru of the zavdannyh you are beaten. The amount of compensation is determined by the court at the borders established by the Central Committee of Ukraine, depending on the nature of the damage and other conditions, in order to improve the reasonableness and justice.
4) presentation of help about the change of material wear - for a picker, importer, saver, transporter, seller, other retailer, non-good picker;
5) publication of the decision to the court on the admission of damage to the appointment of a legal officer.
6) liquidation for the decisions of the court of a legal entity, as repeatedly or grossly violating the exclusive right, to the aid, declared by the prosecutor, as well as attaching the registration of a citizen as an individual enterprise.
The company "Garant" held a Chergovy All-Russian online seminar, assignments for the submission of objects of intellectual power (OIV). The manager of the company "Deloitte and Touche Regional Consulting Services Limited" (Deloitte), Associate Professor of the Department of Administrative Law of the Faculty of Law of the MDU im. M.V. Lomonosov, candidate of legal sciences Oleksiy Valeriyovich Sergiev.
The first part of the online seminar was devoted to nutrition, connected with succumbing risks, which are blamed on the connection with the various objects of intellectual moisture. Oleksiy Sergєєv rozpovіv, naskіlki sereznі tsі risiki, і rasіbrav deyakі ways їх izhennija, koristuyuchis roznіnіmi roz'annіnnymi іnfinіnu Rosії і FNP Rosії, аnd also concrete butts іz ship practice.
Civil law ambush
On September 1, 2008, part 4 of the Civil Code, as a regulation of civil and legal nutrition, related to vikoristannyam objects of intellectual power, was born. Tsі zmіni poseredkovo pov'yazanі і z submissive aspects.
Afterwards, the innovations of the deeds appointed by the Civil Code, but were lost from the Tax Code, for example, the understanding of the author's agreement. I would like to give special respect to those who, according to article 1226, the right to objects of intellectual power are reduced to the rights of the main. Vidpovidno, skrіz, de at the Tax Code zgaduyutsya mine rights, next mother on the vazі th object of intellectual authority. Below we will review the provisions of Part 4 of the Civil Code.
We are based on certain basic concepts of the Civil Code, as if they stand for intellectual authority.
The Civil Code designated 16 types of objects of intellectual power. Їx can be formulated at the group. The first group includes author's (creation of science, literature, art, programs for EOM) and summіzhnі (phonograms, vikonannya only) rights; to the other - patent rights (vines, colorful models, handicrafts); to the third - the cost of individual legal status, goods, work, services (trademarks and service marks, company names, commercial designations); to the fourth - other objects of intellectual power (selection access, know-how too). An even more important civil-legal moment of injunctions with the way of disposing of the rights to OIV. As practice shows, whether or not tax-related problems are blamed on the most important ones, if the payer of taxes is empowered to manage these rights. To the acceptance of part 4, it is fixed the typification of the form of distribution with the rights to intellectual power, which should be possible for all objects. In fact, there are two main forms: an agreement on the granting of an exclusive right and a license agreement.
The agreement on the transfer of the vinyatkovy right transfers the retransfer of the rights to intellectual power. With whom, the party that is transferring is again wasting whether or not the right to the object that is being transferred. Under a license agreement, we transfer the rights to win OIV in a singing rank, becoming the master of this object. The license can be vinyatkovoy (the right holder can transfer the rights to OIV to other persons), and non-violent (so the right holder can lay down license agreements without limiting the number of times with other persons). Moreover, it is not necessary to swindle in part of the agreement on the transfer of the wine license and the license agreement on the transfer of the wine license, to that in the first case we will be allowed the rights of the OIV volodin, and in the other case we will be deprived of such rights by the sovereign.
Let's not forget the important formal moments. Agreement on the granting of a key right, a license agreement, a sublicense agreement, not written in writing, or worthless. Such agreements most often override state registration in a civil way. Without it, the stink is unbearable. At the license agreement, the obov'yazkovo may but also have the form of the vindication of the right to be transferred. So, for example, if a trademark has a different form, it can be used as a sign on the packaging or as a product advertisement.
File disputes related to the right to trademarks
A growing number of court reviews, de verifiers hang claims to vitrates on the provision of objects of intellectual power. Moreover, most of the subsistence superechok today are covered by the rights to trademarks.
Hours have passed when for a tax inspector the fee for a trademark fee or a fee for a fee for a patent (royalty) would be exotic. Today's situation is directly opposite. The taxpayers had an idea that, for example, the payment for a trademark is actually a way to redistribute penny flows from the borders of a company of one group. The very topic of tributary disputes, connected with objects of intellectual power, is even more relevant. Otzhe, treba buti zavzhdy we are preparing to discuss with the perverters.
The situation with the rights to trademarks is supported by the fact that in times of agreements on the transfer of the right to intellectual power of transfer, call, dosit znachnі sumi. For example, due to taxes, there are some reasons why such sums from the warehouse of tax returns will lead to deplorable consequences for the payer of taxes.
I give up your respect, scho agreement, pov'yazanі z transfer of the right to a trademark (license or vіdchuzhennya vіnyatkovogo rights), pіdlyagayut obov'yazkovіy єstratsії in Rospatentі. If such a registration is granted on a daily basis, then the filings will be recognized as vitrati, pov'yazanі z nabuttyam right to a trademark, documented not confirming and not meeting the criteria of the article 252.
It should be noted that in 2008 the court practice of this place was formed at the expense of the payer of taxes. Visnovok judges: civil and legal rights are in no way indicated on taxable inheritances. For example, if the agreement was not registered with Rospatent, but in fact the rights to the trademark were transferred and the payments for the new right were redeemed, then it is not possible to swindle it. Such a position was also held by the Supreme Arbitration Court of the Russian Federation, which repeatedly blatantly announced that the destruction of other, non-tributary galuses is not to be blamed for the taxes, for the winyatkiv, as if they were directly transferred by the Tax Code. However, in order to save your time and save money, registration of work is necessary, moreover, because the procedure is not foldable. These organizations, in which the re-verification has already begun, and the registration of the contract is no more than a day, you can promptly send the documents necessary for registration to Rospatent with the method of reviewing the notification about the withdrawal of documents. With the help of the year, for the situation, which the credits, direct on the registration of the contract, the payer of taxes has already been brought in, they can save additional claims from the side of the perverted.
The Civil Code enshrined the principle of severance of rights to OIV. Vіdpovіdno to nоgo pіslya zaprovadzhennya goods, marked with a trade mark, at civil obіg by a legal ruler, or for some reason, further realization of such a product is allowed without the permission of a legal ruler and paying wine.
The very principle of deprivation of the right to trademarks is related to the category of tax disputes. As a butt, I’ll put it on the court’s right to show off, for the payer of taxes, the victorious model was given to the court and the variety in various legal institutions, which is typical of today’s rich organization.
Later, a foreign company - the owner of the wine rights to trademarks under a license agreement transfers to a Russian company - a distributor of wine rights to trademarks. The rate for this agreement should be set from 4 to 10 vіdsotkіv, fallow vіd trademark. There is no Russian company that is a distributor of its own strains, so it transfers the rights to trademarks to the manufacturer under sublicensing agreements. The rate for sublicensing agreements to become already 0.1 vіdsotka. Every year, 100 tons of manufactured products are supplied by the company-virbnik to a Russian company - a distributor, which expands the number of buyers from Russia.
What is it that gives us the respect of the perverters? Obviously, there is a great difference in the rates for licensing and sublicensing agreements. Perevіryayuchі robylyat vysnovok, schо the license rights of the distribution company are simply not needed, shards are in fact the rights to trademarks vikoristovuє vyrobnik. We are trying to change the principle of deletion of rights to a trademark, showing that there is a civil circulation of goods marked with trademarks, to introduce a selection at the stage of sale of all vibrated products to a distributor. For a further expansion of these goods, the distributor simply does not need trademark rights. In this manner, the distributor at part of the difference in rates for licensing and sublicensing agreements bears the cost of royalties on the cost of the third individual (virobnik). In addition, operations with sublicensing through retail at rates are swidomo zabitkovymi. Vykhodyachi z tsgogo, tributary body zrobyv vysnovok, scho vytrati on splat royalties economically not vipravdannye only on underestimation of the base s stipend on surpluses and MPE, scho does not comply with the provisions of Article 252 of the Tax Code.
At this ship's view, the payer of taxes has rightly paid a part of the tax on surplus, having recognized significant financial expenses. The givers presented everything that was said above as a scheme, directed at the treatment of the giveaway and the removal of the unprimed giveaway. It should be noted that the payer of taxes should maintain his position regarding the legality of the form of recovery of VAT from the Supreme Arbitration Court of the Russian Federation. In this rank, the risk of MPE can now be assessed as insignificant, and the risk of a surcharge tax is high.
O.A. Moskvitin,
legal consulting service GARANT,
intercessor of ker_vnik vіddіlu pіdtrymki koristuvachіv
As a rule, sellers of discs from software do not include a written license (sublicense) agreement with their purchases. The reasons for causing taxes for sellers are found on a number of sheets of the Ministry of Finance of Russia (date 21.02.2008 N 03-07-08/36, date 19.02.2008 N 03-07-11/68). How much is the position of the financial department? Valid until article 1286, the transfer of the right to use programs for the EOM is subject to the way of laying down the license agreement. At the time of the transfer of the disk according to the agreement, there is no transfer of rights. More than that, the text of the "obgortkovo" license, as a rule, appears to be coristuvacha that the creator of the program. Ale, a disc dealer, is often a dense creator of programs (the first right-winger) having ceased to be a booty. At the link, it is important to talk about the laying of the "wrapping" license (sublicense) agreement between the seller and the koristuvach. The seller can only be a representative of the right-holder (intermediary). Therefore, it is important that for the selection of the pill, transferred by subparagraph 26 of paragraph 2 of Article 149 of the Tax Code, the seller of the program should develop a sublicensing agreement and lay it with his purchases. A sublicensing agreement may transfer the transfer of rights to the program "for recognition" (Article 1280 of the DC of the Russian Federation), and yakihos of other powers.
Even more often, payers pay taxes on food, due to the fact that they need rights to trademarks for imports.
Yes, it's required. Oskіlki tse is directly stated in. Importation of goods into the territory of the Russian Federation by the way of obtaining rights to trademarks. Therefore, in order to import goods into the territory of Russia, marked with a trademark, it is necessary to obtain full rights to trademarks. Tsya position bula pіdtriman i Constitutional Court Russian Federation Ukhvalі vіd 22 april 2004 roku N 171-о, de it is said that the fence of such a method won the trademark of the right-holder, as the importation of products marked with such a sign on the territory of Russia, directed at the acquisition of international goiters of our region in the field of hunting.
From one side, this is an argument for the greed of the payer of taxes. Let's assume that the company may have a license agreement, with which the taxpayers will be able to deprive the economics of payments. The payer of taxes can apply to those who won the right to a trademark when advertising premium products, to which the payment of this victory is economically primed.
From the other side, Bachimo, that a lot of payers in taxes actually advertise other people's trademarks (for example, official dealers). Under the circumstances of the current license agreements, the stench of the right-holder cannot be smelled. In addition, there are civil and legal risks here, connected with illegal victories of someone else's mark, a reminder of the taxes on the risks, shards can be free of charge by the payer of taxes on the main rights to a trademark. As far as we know, the withdrawal of rights on a free basis is the income that is paid for income. A zgіdno zі statte 146 th object of filing MPE.
Appearance of vitrate when pododatkuvanni pributka
Let's talk about the order of the form of appearances on the pridbannya (settlement) of objects of intellectual power.
As an object of intellectual power and intangible assets, this property is repaid evenly with a way to increase depreciation by stretching the term of the cord victoria. Vignatok to become subparagraph 8 of paragraph 2 of Article 256 of the Tax Code. In that starry (tributary) period, in which the stench is blamed, the minds please (for the method of abuse), vitrati are recognized:
It would be nice to finish it simple rules Prote court practice to svіdchit protilezhne. So, for example, the payer of taxes is transferred the non-exclusive right to win software security, but also for the third period. Subsidies affect the fact that in this type of payment, like a payer having made money for this program, you are liable to be insured evenly by stretching the trivial voucher of the program. The payer of taxes to talk about those who win a non-key right to the security program and, apparently, can write off the bills once, cited by Articles 264 and 272. The judges supported this position, raising the whiskers, that the shards were transferred to a non-violent right, then the fact of this victory cannot be significant for a long period.
For a number of vipadkіv it is impossible to signify, as if the rights are transferred to us: blame, non-violent, stench to establish NMA or not to approve. So, for example, the payer of taxes added a depository business, including OIV: databases of data about clients, behind the same commercial procedures, too. Usі tsі vitrati were written off by the payer of taxes one time. Giveaways came to the visnovka, which in fact was attached to NMA, the shards of law were vinyatkovy. The arbitrators tried the payer, while ignoring the fact that he was wrong. At the thought of judges, the information that is being transmitted was recognized, and therefore, it is impossible to recognize it as an NMA.
Pіlga z MPV when transferring rights to OІV
Transfer of the right to OIV є object of filing MPE. At the same hour from the 1st of September 2008, the date of the MAP will be zastosovuetsya for the transfer of vintage rights to wines, blueprint models, trade marks, programs for EOM, data bases, topology of integrated microcircuits, secrets of manufacturing (know-how), as well as rights to customization assigning the results of intellectual activity on the basis of a license agreement .
Schodo zastosuvannya tsієї pіlgi Minfin Rosії in 2008 roci released a lot of roses'clarification. We are positive for the payer. Officials of the main financial department allowed not to file the transfer of rights to OIV under sublicensing agreements and under exclusive license agreements. Now about the leaves, roz'yasnennya in some of them are not visible for the payer of taxes. The Ministry of Finance of Russia is trying to beat the whiskey, so the program does not expand on these types of events, if the transfer of rights is based not on the license agreement, but on the purchase and sale agreement, then if the programs were already introduced into civil society and then there would be less sales of the program copy.
A lot of programs are sold on a disc in separate packages. That is why you often need food: why do you need to submit MPE for the implementation of programs in product packaging? Chi poshiryuєtsya pіlga on tsey vpadok? I Ministry of Finance of Russia, and Moscow taxes unanimously declare that no. Oskіlki go about the so-called "box" license, think about what is included on the disk itself (packaging). At such a time, the license agreement begins to work on the cob of the licensing program, so at the moment, if you come in handy for the license. At the thought of the officials, since at the moment the license agreement was not yet laid down, it’s impossible to stop it. It is possible to compete with such a position, but the same word does not say about those that a license agreement may have provisions itself at the time of the transfer of rights.
Other agreements under foreign law. Vіdpovіdno to іnozemnogo legislаvаtsija the agreement can and not be licensed. Chi є podstavi for pіlgi for article 149 of the Tax Code? In our opinion, є. Even in the Code, there are about those terms, which, in a new way, are victorious, and may be signified by decent legislation. Therefore, if it is necessary to agree on the ordering of foreign legislation, but if it is possible that all the signs of a license agreement are valid before Russian legislation, then the penalty for article 149 of the head tax document can be zastosovuvatsya.
Author's agreement and ЄSP
Article 236 of the Tax Code expressly stipulates that you have to pay for the author's agreement - the object of filing the ESP. At that very hour, there is no time before the object of paying the ESP to pay, arbitrarily at the borders of the agreements, with the transfer of the main (main rights).
I would like to point out that the adoption of part 4 blamed the problem of interpreting Article 236 of the Tax Code. From one side, the object of filing the ESP is to pay, as zdіysnyuyutsya for the author's contract. On the other hand, as the subject of the agreement is the transfer of the main rights (before any DCs of the Russian Federation grant the main copyrights), then you must pay no fault to submit to the ESP. Guilt of food: what are the data to pay for the ESP?
Let's take a look at one of the possible options, if the wine of the city is paid directly to the author. The position of the Ministry of Finance of Russia is that you need to pay the SSP. For whom, the logic is as follows: chapter 24 under the author's agreement is understood to be a kind of agreement that, on the basis of copyright, one of the parties to that is the author, including the agreement, in some cases, the name of the author is a third person. Such a position seems to be in the region of a spiral, oskolki unreasonably, the stars of the Ministry of Finance of Russia to rob such a visnovok, even chapter 24 of the Tax Code simply creates an author's agreement, understanding what part of the Civil Code 4 of the Civil Code has been praised from legislation.
Like Bachimo, having introduced amendments to civil legislation, the legislator did not introduce them to the main tax document. Zvіdsi th problem. There is no such thing as shipboard practice. To that, to whom the super-chka ends up with perverted ones, as an organization to praise the decision not to pay for the ESP copyright agreements, it’s hard to finish. Another situation, as it is related to this, is the fact that copyright is valid during the life of the author, and after his death (you can go to the recesses). To that payment can be recognized as the author himself, and also to the scumbags. The official position of the Ministry of Finance of Russia is as follows: the author's wine cities are not subject to the author's agreement under the Senate Chapter 24 of the Tax Code and are not subject to ЄSP and pension contributions.
Hearers ask.
According to tradition, another part of the seminar was dedicated to the requisitions for the nutrition of the participants. Proponuёmo to your respect naytsіkavіshi z them.
Under the contract for the creation and distribution of programs for the EOM (Article 1296 of the RF DC), the deputy has taken away the non-key right to use the programs. What is the rank of sludutuvati and vіdobraziti at the deputy’s deputy for the creation of programs, including the payment of the contract worker? Appointments of intangible assets are left on the balance sheet of the contractor as a law enforcement officer.
On the right, in the fact that we can’t buy the right to win the program, then the deputy of the NMA does not blame. Adzhe NMA - zavzhdi vinyatkovo right. It is assigned to the nutritionist that the program is left on the balance sheet of the contractor, so that he himself is the ruler of the law. Vidpovidno, the zamovnik can show up, put in the hands of the programs, at the same time at the warehouse of other wines, tied up with the production and implementation.
I would like to know that the choice for similar rights to the contract is not more good from the point of view of the MPE, the shards are clear before the contract, the rights to the software security are not transferred, but are transferred within the framework of the license agreement. Obviously, you can try to catch a sip and compare with those who are reconsidering, relying on those who, as part of the contract, are actually transferring the right to OIV, go about changing the agreement. However, the risk to finish the great one, and the ship’s gaze can’t get away.
At the same time, it goes up to part 4, it is directly stated that the rights to a trademark are blamed only on the state registration of speech. Therefore, there is no registration of a trademark, but there is no such trademark. You need to understand absolutely exactly. You can vykoristovuvaty such a logo, you can affix yoga, whether it be, on any goods, you can advertise it. Ale zhdnoї legal protection to this trademark bіla Rosії nade nothing to chіkuvat. Be it a person who can win the same logo, and it’s impossible to get into this situation without a valid registration.
About nayavnі podatkovі risiki, pov'yazanі z free-of-charge vikoristannyam, speak incorrectly, there are no shards, in fact, of the trademark itself. If it is necessary to pay fees for advertising an unregistered trademark, then it’s entirely necessary to blame the problems with taxes, as you say about the fees for advertising the trademark itself. Here, rather, you need to talk about advertising the product itself, and the logo, which is applied to the new one, should be used as an example of the product itself. At such a time, wiping, better for everything, will be recognized as economically primed.
How can a license agreement, signatures in 2008 roci, ale registrations in 2009 roci, expand your business for 2008 roci and serve as a substitute for accepting up to witrat sums paid in 2008 for the right to koristuvannya trademark in 2008 roci?
Meals are more than cicave, so in practice, most of the time, between the moment of signing the contract and the moment of registration, it took an hour, and payments for this contract are already underway. Vіdpovidno to the Civil Code, we can expand the agreement on the vіdnosini, scho vinikli until the moment of the state registration. In order to reduce taxes, you can recommend that you make a warning in the agreement about those who expand their business on the front side, that winkli from the cob of the choice of goods marked with a trademark, or, for example, from the cob of payments. If you don’t have such a warning, then you don’t need to bring in this item at once, having issued a supplementary agreement, de bude vodpovidny rank was changed by the mind on the ceremoniality of the contract.
L.A. Kotova,
intercessor of the head of the department of tax and mitt-tariff policy of the Ministry of Finance of Russia
It is valid, valid until paragraph 1 of article 236 of the Tax Code on the subject of filing ESP for tax payers, tax organizations, zocrema, winegrowers under copyright agreements.
At part 24 of the Tax Code under the author's agreement, it is possible to understand whether there is any kind of agreement that is considered in part 4 of the Civil Code and the implications of copyright law, for you know that one of the parties to such an agreement is the author.
In such a way, for agreements that transfer the transfer by the author of the right to victorious yoga creation at the boundaries established by the agreement, the tax base for the ESP is charged with the repayment of vitrates, transferring from Article 221, and the sum of the wine city for such agreements does not pay the ESP at the part, which pays for the insurance up to Social Insurance Fund of the Russian Federation (clause 3, article 238 of the PC RF).
At the same time, you have to pay, for example, the vineyards and the loss of the main copyrights, vrakhovyuchi vikladenu vineyards, as well as otrimuє wines, not єktom podatkuvannya ЄSP on subparagraph 3 paragraph 1 of article 236 of the Tax Code.
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