Abstract
The article discusses the features of protection of such objects as a artwork, industrial design and design. The author notes that in the form of these objects, the same result of intellectual activity can be protected for which the connection of the content of the result with its expression in a materialized form is inseparable. The same result can be protected by copyright and patent law if there are certain conditions: the ability to characterize the result with «individualizing characteristics». Analyzing the legislation and judicial practice, the author found that the «individualizing characteristics» of the work, which the court establishes in the case of a dispute, are a manifestation of the form of the work. Copyright protects the form of the artwork. In the case of protection of such a artwork as an industrial design, «individualizing characteristics» are called essential features of an industrial design and characterize its content, since an industrial design is a solution of appearance, which is subject to protection. The author of the article comes to the conclusion that there is no sufficiently unambiguous definition of the result of intellectual activity and the elements that characterize it as an object of law: content and form.
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