Principles of State Registration of Intellectual Property and Means of Individualization

Abstract

Commercialization of results of intellectual activity and introduction of rights to intellectual property into civil law transactions have revealed serious legal problems, including those related to the existing system of state registration of intellectual property. However, the nature of such registration, its characteristics and the principles underlying it are not given sufficient attention in the juridical literature.State registration of results of intellectual activity and means of individualization has its own specificity. As a rule, the prevailing view in the academic literature is that registration of intellectual property rights should be subject to the rules that apply to state registration of rights to immovable property, which is not always justified. The article deals with the principles underlying the state registration of the objects mentioned above and reveals the features of such principles in the field of registration of intellectual property. The authors highlight the general and distinctive features of state registration of rights to immovable property and registration of results of intellectual activity. Examination of the features of the two registration systems reveals, inter alia, divergences in the implementation of the principles of unity, credibility, publicity, and disclosure. Also, the authors examine three basic principles of state registration of property rights: verification of legality of the grounds for registration, publicity and reliability of the register.The research has made it possible to conclude that, despite convergence of systems of registration of rights to immovable property and to the objects of intellectual rights, they represent separate legal institutions. This is due to both a different nature of immovable property and intellectual property objects, and to different implementation of registration actions.