Objects of Nature in the System of Intellectual Property Rights
( Pp. 160-167)

More about authors
Letova Elizaveta Alekseevna Junior Researcher of the Civil and Business Law Sector
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Abstract:
The purpose of the study. In this article, the author examines the features of objects of nature that are protected results of intellectual activity, as well as the features of biomedical cellular products, which, being objects of nature, are not embedded in the system of objects of intellectual property rights. The signs of various objects of nature are analyzed: breeding achievements, strains of microorganisms, biomedical cell products, comparative characteristics of various modes of protection of such objects are carried out. The author comes to the conclusion that it is expedient to develop a unified approach to the legal regulation of all objects of nature, formulate uniform criteria for the protectability of biological objects and form a common legal regime for objects potentially corresponding to the characteristics of a biological object. It is proposed to interpret breeding activity broadly as creative activity aimed at creating new and improving existing plant varieties, animal breeds, strains of microorganisms and biomedical cell products.
How to Cite:
Letova E.A., (2022), OBJECTS OF NATURE IN THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS. Gaps in Russian Legislation, 6 => 160-167.
Reference list:
Sinelnikova V.N. Parts of nature as objects of civil turnover: monograph // Moscow: Printing house "Mittel Press", 2017. p. 137.
Ladochkina L.V. The concept and conditions of protection of breeding achievements. // Bulletin of the Saratov State Law Academy. № 5 (124). 2018.
Mamiofa I. E. Protection of inventions and technical progress. M.: Legal lit. 1974. p. 161.
Apolinskaya N. V. Biological objects human rights in the civil law of the Russian Federation: Dis. cand. jurid. sciences': 12.00.03. - Irkutsk, 2009.
Bogdanova E.E., Belova D.A. Artificial human reproduction: the search for an optimal model of legal regulation: Monograph. // Prospect, 2021. p. 89.
Cohen C. Selling Bits and Pieces of Humans to Make Babies: The Gift of the Magi Revisited. Journal of Medicine and Philosophy 1999. p. 296.
Maleina M. N. Permitted actions with human embryos and aborted fetuses and legislative prohibitions // Laws of Russia: experience, analysis, practice. 2020. No. 5. p. 92.
Myzrov S. N., Nagorny V. A. On the issue of the material and legal status of human organs and tissues: a differentiated approach to solving the problem // Medical Law. 2014. No. 3. pp. 35-40.
Gavrilov, E. P. The principle of exhaustion of the exclusive right and the right to a selection achievement / E. P. Gavrilov // Economy and law. - 2020. - № 7(522). - P. 69-75.
Sinelnikova V. N. Exhaustion of the exclusive right to a selection achievement: theory, practice, problems // Patents and licenses. Intellectual property rights. 2020. № 4.
Belova D. A. The legal nature of the embryo in vitro // "Lex russica", 2019, No. 6 // SPS ConsultantPlus.
Agricultural biotechnology: a short course of lectures for students of the third year of the direction of training 19.03.01 Biotechnology / Comp.: E.A. Faust // Saratov State Agrarian University. - Saratov, 2016. - 76 p.
Keywords:
breeding achievements, results of intellectual activity, patent, criteria for legal protection, objects of nature, strains of microorganisms, biomedical cell products, biotechnological product, biological object.


Related Articles

1. SCIENTIFIC SCHOOLS OF LOMONOSOV MOSCOW STATE UNIVERSITY Pages: 15-17 Issue №10553
GENE PATENTING: PHILOSOPHICAL, LEGAL AND ETHICAL GROUNDS
patent the patenting of genes biological sequence
Show more
3. PRIVATE LAW (CIVIL) DISCIPLINES Pages: 151-156 Issue №19964
The Procedure for the Implementation of Military-Technical Cooperation and the Delimitation of Ownership Rights to Its Results Between the Brics Countries - the Russian Federation and Brazil, the Russian Federation and South Africa
military-technical cooperation BRICS results of intellectual activity previous intellectual property distribution of rights to the results of intellectual activity
Show more
SPECIALTY 12.00.03 Pages: 170-173 Issue №14694
PROPERTY COMPLEX - OBJECT OR SUBJECT OF RIGHTS?
Enterprise subject object property complex labor collective
Show more
LEGAL REGULATION IN BIOTECHNOLOGY Pages: 196-204 DOI: 10.33693/2223-0092-2020-10-2-196-204 Issue №16644
Some questions of legal regulation of bioprinting in Russia
doctrine “products of nature” bioprinting induced pluripotent stem cell intellectual property 3D printing technology
Show more
4. Employment Law; Right to social security; Land law; Natural resource law; Environmental law; Pages: 118-122 Issue №3884
FACTORS AND MODELS OF DEVELOPMENT OF SOCIAL INSURANCE OF WORKING MIGRANTS FROM COUNTRIES - MEMBERS OF COMMONWEALTH OF INDEPENDENT STATES
a foreign citizen migration policy migration registration model of social insurance illegal labour migration
Show more
LEGAL REGULATION IN BIOTECHNOLOGY Pages: 199-209 DOI: 10.33693/2223-0092-2020-10-3-199-209 Issue №16874
Rules of international law regarding application of the results of scientific researches in the field of biotechnology (on the example of therapeutic and reproductive cloning and human gene editing) and their patent protection
soft law genomic research regulatory principles patent biotechnology
Show more
7. CIVIL LAW BUSINESS LAW FAMILY LAW; PRIVATE INTERNATIONAL LAW 12.00.03 Pages: 157-161 Issue №16787
On the issue of determining authorship of works of folk art and the legitimacy of appropriation
cultural appropriation design copyright results of intellectual activity patents
Show more
6. CIVIL LAW, BUSINESS LAW, FAMILY LAW; PRIVATE INTERNATIONAL LAW 12.00.03 Pages: 152-155 DOI: 10.33693/2541-8025-2021-17-1-152-155 Issue №18348
Features of exclusion of exclusive right to trademark and trade secrets
contract reimbursable exclusive right object of industrial property trademark
Show more
7. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Pages: 121-125 Issue №15984
Problems of legal protection for objects of design creativity on the Internet
copyright results of intellectual activity patents legal culture novelty
Show more
PRIVATE LAW (CIVIL) Pages: 138-143 Issue №24449
The Legal Regime of Protection of Computer Programs under the Legislation of China
computer program copyright object patenting invention utility model
Show more