Intellectual Property and Intellectual Rights: Issues of Correlation

Abstract

The article examines the legal nature of intellectual property and intellectual rights according to international, Russian and Kazakhstani intellectual property law and establishes the differences between them. The former one as a set of intangible objects (literary, artistic and scientific works, performances, phonograms, broadcasts, inventions, etc.) reflects their abstract (non-material) matter. They are just created, but not able to be granted, held, divided, restricted, transferred, terminated, etc. It is noted that not all of them are protected, but those which are end-listed in national law of a particular country in accordance with the rules of international law. Depending on the types of intellectual rights to be granted (moral or/and economic rights), objects of intellectual property can be divided into two groups: the results of intellectual activities and equated to them means of individualization of legal entities, goods, work, services and enterprises. Unlike intellectual property, intellectual rights (copyright and related rights, patent rights, etc.) are legal rights, which in virtue of law provide for a lot of legal possibilities and can be shared among different individuals and legal entities, enjoyed by them, transferred to third parties and thus applied in transactions. Especially it concerns an exclusive (economic) right, which is granted over any object of intellectual property, and it includes two main legal possibilities for its holder: to use the object in any legitimate manner and to dispose of this right.