Об особенностях абсолютных прав в отношении объектов интеллектуальной собственности

Abstract

The article considers the peculiarities of the exclusive right as an absolute right, operating within the legally defined boundaries, predetermined by the concept of "use" in relation to each type of intellectual rights objects, limitations of the term and territory of its validity, as well as taking into account the presence of a wide range of restrictions on exclusive rights established by the Civil Code of the Russian Federation. The conclusion is made about the possibility of limiting the exclusive right, which is an absolute right, by establishing within the framework of relative contractual legal relations at the conclusion of the contract of alienation of the exclusive right provisions designed to guarantee the interests of authors and other previous right holders in the subsequent transfer of the exclusive right, including the non-contractual transfer of the exclusive right in the order of universal legal succession in the reorganization of legal entities, in their liquidation, as well as in the process of foreclosure of the exclusive right.