☰ Contents · State and law

Intellectual property law

Lessons 18 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
18

Intellectual property law

Textbook: pp. 85–90
GoalExplain the idea of intellectual property, how copyright arises, which objects are not protected and the contract with an author.
New words
intellectual property · intellektual mulkcopyright · mualliflik huquqiauthor · muallifauthorship (author’s) contract · mualliflik shartnomasi
Explanation

Intellectual property is a set of special rights, protected by law, over the results of a person’s creative activity. It has two big parts: copyright (works of science, literature and art, computer programs) and industrial property (inventions, trademarks and the like). Internationally these rights are coordinated by the World Intellectual Property Organization (WIPO), set up under a convention of 1967. Copyright arises by itself at the moment a work is created, and no registration is required; sometimes the © sign, the author’s name and a year are added as a notice. Personal non-property rights (recognition as author, name, integrity of the work) stay with the author, while property rights (publication, distribution, rental) may be transferred to others by contract. Objects not protected include official documents (the text of a law, a court decision), state symbols, folklore, news of the day and plain facts. An authorship contract is written between the author and a publisher or user: it states the way, territory and term of use, the fee and the parties’ responsibility. One of the main international instruments on copyright is the Bern Convention. In Uzbekistan, under the Law “On Copyright and Related Rights”, property rights last for the author’s whole life and 50 years after death; after that anyone may use the work freely, but the author’s name must be given and the work must not be distorted.

Worked examples
Sevara wrote a short story of her own in a notebook. Her copyright arises the moment it is created; registration is not needed, but she may publish the work under her name and others may not copy and distribute it without permission.
A school paper printed the daily weather and the schedule of events. These are news of the day and plain facts, so they are not protected by copyright, but an analytical article or a drawing in the paper is protected.
Class activity

Mini-research: each student lists which creative products (book, song, programme, picture) are used at home and discusses in a group which are protected and which are not. No real person is accused; the focus is on general rules.

Practice
1
When does copyright arise and is registration needed?
2
Why are the text of a law and folklore not objects of copyright?
3
An author wants to give a work to a publisher. What should the contract state?
4
How long do the property rights of copyright last in Uzbekistan, and what happens afterwards?