Some Terminological Aspects of International Law of Industrial Property
The paper is devoted to the examination of the problems of protection of results of intellectual activity expressed in different objects of industrial property or in objects equal to them in the context of terminology of Russian legislation on the means of individualization that were the subject of debate in states since ancient times and are relevant till now. The main and the most important area of international work in this area is cooperation in the sphere of unification of the law of industrial property, which led to the adoption, at the outset, of the Paris Convention for the Protection of Industrial Property in 1883, and some terminological aspects are considered in this article. The author notes that the Paris Convention even in its final Edition (Stockholm Act, 1967) did not provide for a clear definition of the objects of industrial property and the criteria for their determination. However, the author offers criteria that allow the application of the result of intellectual activity (any object of industrial property) in industry and commerce, i.e. producing of material goods and selling goods (rendering services), as the most significant for the purposes of determining the objects of industrial property and differentiating the objects of ndustrial property and distinguishing industrial property objects from the objects, for example, of copyright, as well as any other property (property rights). It is on the basis of these criteria applied to industrial property objects (after the adoption of the latest revision of the Paris Convention) that the author proposes to assign the objects that appeared later as objects of protection: know-how (secret of production) topology of integrated circuits, breeding achievements (in particular, plant varieties). In addition, the author suggests that the Stockholm Convention that established the International Organization of Intellectual Property is the basic international instrument for the allocation of individual industrial property objects and their differentiation from other objects of intellectual property. The article also examines the provisions of the TRIPS Agreement relating to the protection of industrial property objects. The author pays attention to the peculiarities of protection of names of the places of origin of goods, geographical indications, considering the provisions of the Lisbon Agreement for the Protection of Appellations of Origin and their international registration, 1958 Edition of the Geneva Act, 2015.