Исключительное право сообладателей

Abstract

The article gives a historical analysis of appearance and reinforcement of such a notion as “exclusive right” in special legal literature, as well as in legislation. The sufficiently detailed description of the category under consideration is given as a result of the conducted research. It is established that in modern understanding the term “exclusive right” comprises the set of property rights, the realization of which allows putting into practice the intellectual property usage; there fore this right represents a property law which takes part in civil circulation. It is indicated that the right under consideration is an exclusive right as it, by means of direct law prohibition, eliminates other entities (that are not exclusive owners) from the possibility of using the result of an intellectual activity or a means of individualization. Thus, the exclusive right is a monopoly scheme giving its holder the advantage of being the only one that has the possibility of its realization at his discretion in any way unless prohibited by law. It is established that Russian civil legislation is based on the legal scheme of exclusive right as an indivisible (integral) right. On the basis of the characteristics listed above, having highlighted the available opinions of specialists concerning the possibility of allocating an ownership interest in an exclusive right, the conclusion about the impossibility of allocating a share in an exclusive right is drawn. Issues of joint use and disposition of the exclusive right are brought to light, which initially must be discussed by the co-owners together, and if it is impossible to reach such an agreement between the right holders, it becomes necessary to resolve them by legal means. The mode of co-owning of the exclusive right over the result of intellectual activity and the means of individualization are determined.