Problems of the classification of intellectual property rights objects and the place of non-traditional objects in it

Abstract

The purpose of the scientific article is to analyze the classification of intellectual property rights objects and determine the place of non-traditional objects in it.
The study states that the objects of intellectual property rights are regulated both at the national and international levels. However, the relevant norms of international law provide for an inexhaustible list of objects of intellectual property rights, in contrast to the Civil Code of Ukraine (which provides for an exhaustive construction).
The scientific position on the division of objects of intellectual property rights into four types is supported, namely: 1) objects of copyright and related rights (objects of which are works of literature, science and art, performance, phonograms, videograms, transmission (programs) of broadcasting organizations); 2) objects of industrial property rights (inventions, utility models, industrial designs); 3) means of individualization of participants in economic (civil) turnover (commercial (brand) names, trademarks (signs for goods and services), geographical indications, domain names); 4) non-traditional objects of intellectual property rights.
It can be concluded that a non-traditional object of intellectual property rights should be understood as the result of intellectual (creative) activity that meets the conditions of legal protection, but differs from other (traditional) objects of intellectual property rights.
Non-traditional objects of intellectual property rights are proposed to include: plant varieties, animal breeds, topographies of integrated circuits, trade secrets, know-how, scientific discoveries, innovation proposals, computer programs and databases, perfume products and other objects of intellectual property rights that meet the above definition.
It is proposed to formulate article 420 of the Civil Code of Ukraine in such a way that the construction provides for the possibility of expanding interpretation (that is, as an inexhaustible list). This will make it possible to lay down a legal model for the future, take into account the rapid development of public relations and scientific progress, which will certainly lead to the emergence of new objects of intellectual property rights in the future.
It should be emphasized that non-traditional objects of intellectual property rights should be distinguished from complex objects, for example, such as Internet sites and interior designs.