Abstract
In the paper, the authors raise the issue of protecting the copyright of an architect. One of the ways to protect it is the trial. The RF Constitution guarantees judicial protection of rights and freedoms. Recently, in the Russian Federation, the number of appeals to the court for copyright protection has increased, indicating a large number of infringements of intellectual property rights of architects. The study of the authors showed that often the cause of litigation is the discrepancy of the values of the objects of copyright of the architect. To interpret such concepts as “architectural solution”, “architectural design”, “architect’s concept”, “architect’s idea” and others, the court is forced to involve specialists whose opinions in the court decision become the source of law, which contradicts the theory of state and law. The authors believe that the legislative consolidation of clear, certain essential features of the conceptual and categorical framework used in architectural activity is the improvement of the protection mechanism for the works of architects that are the result of their creative activity.
Highlights
Based on etymology, the concept of “architect” dates back to ancient Greece
The study showed that such concepts as “architectural solution”, “architectural design”, “concept”, and “idea” are often both synonyms and interchangeable concepts, which leads to uncertainty of situations
In the case of August 17, 2017, where these concepts are encountered and, due to the absence of legally enshrined concepts, an expert is invited, whose testimony forms the basis of the judicial decision, which means the opinion of the expert, even authoritative one, is a source of law for a judicial decision. [12]
Summary
The concept of “architect” dates back to ancient Greece. The appearance of this profession is explained by the fact that housing for a person has always been and will be a symbol of security and safety. No wonder the right to housing is enshrined constitutionally in many countries. According to Dal, architecture [1] is the art of disposing, building and decorating buildings; construction art, architectonic. The following definition is given by Ozhegov [2]: architecture - art of building, architectonic. In his explanatory dictionary of the Russian language, Ushakov [3] gives 4 meanings of art, which are based on creative artistic activity. Dmitry Nikolaevich calls architecture as one of the types of art
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