Copyright is an institute (field) of civil law regulating the legal relations connected with generation and use of creative works (results of the person’s creative activity). In commercial practice copyright is often understood as a set of rights and powers related to the creative work, which belong to authors and other rightholders.
Creativity is the social phenomenon often simply meaningless without presentation of its results to the public. That’s why works of culture, science, literature and technical innovations can potentially become objects to be borrowed (plagiarism). In this regard there comes a need to legally protect the copyright.
In the legal systems of various states and in the commercial practice some standard ways and instruments of copyright protection have been formed. Unfortunately they cannot be characterized by reliability and absolute nature. All such tools have sovereign origins - they are ensured by the political authorities of the specific countries. In fact, their operating range is limited by borders of certain territories and jurisdictions. In particular, patenting of the invention in one country can’t really provide absolute inviolability of the determined copyright at the international level. It is almost impossible to guarantee that similar invention wouldn’t be patented in another country at the same time or even later. And this means that such invention can be actively commercially used abroad – against the will of the original inventor. Commercial practice shows that the priority of authorship in relation to many similar innovations, first of all in the sphere of science and technology, is actually established in many countries. In this regard it isn't surprising that the most active distribution and recognition is gained by the priorities of authorship registered in the most progressive countries of the globe, where venture capital investments are developed, innovations are demanded and the general prosperity of scientists and researchers is much greater than in other states.
Are there any acceptable and affordable ways to protect copyright on the global scale in these conditions?
We are offering the revolutionary technology of universal copyright protection at the international level implemented within the project of the International Union of Commerce and Industry (London, UK): "International open standard of collegial expert assessment of author's declarations - 775" (IOSCEAAD-775 standard). The copyright patenting mechanism within this standard is on the one hand very unusual, and with another – very simple.
In general the IOSCEAAD-775 standard patenting procedure can be briefly described by listing the main stages of its realization: 1) The author submits his/her innovation (in the form of texts, materials and images) for examination by the international expert community regarding presence of patentability criteria; 2) The international professional expert board performs the assessment (examination) of an innovation; 3) The open expert community, consisting of experts in different fields from different countries, performs an assessment (examination) of an innovation; 4) The period of "reasonable objections", when the interested or informed persons from around the world can doubt the patentability criteria of an innovation; 5) Confirmation of the established criteria of patentability of the object by the decision of the American International Commercial and Arbitration Court (AICAC; USA).
The separate key peculiarities of the IOSCEAAD-775 standard patenting procedure:
Operative patenting - has the status of the authoritative scientific-practical and professional expertise of novelty, superiority, innovativeness and practical applicability of results of creative activity of persons concerned. It is implemented with observance of general principles of the IOSCEAAD-775 standard. At the same time operative patenting is characterized by significant liberalization of terms and facilitation of the patenting procedure implementation.
Operative patenting acts as the international instrument of legal protection and official presentation of the innovation with indication of superiority of its announcement, presentation of instruments of legal support of the determined superiority, as well as open access to the procedure of reasonable impugnment of such superiority from the side of persons concerned.
Patenting according to the IOSCEAAD-775 standard is not the direct analog or the substitute of traditional patenting systems used in licensing systems of certain countries. It acts as an alternative and additional instrument of international presentation of innovations, fixation of their authorship and legal copyright protection. Patenting on the IOSCEAAD-775 standard may be implemented by persons concerned together with implementation of traditional mechanisms of copyright protection.
Patenting according to the IOSCEAAD-775 standard allows the significant number of authors from around the world to declare their authorship on the international level, carry out its legalization and protection in terms of inaccessibility (for various reasons) of traditional patenting systems or insufficiency of their resources for proper legalization and copyright protection.
Operative patenting is carried out in strict observance of established rules of patenting according to the IOSCEAAD-775 standard taking into account differences stated below.
In particular, operative patenting is carried out only within the expert assessment category of the «Foundation» level. It has the following implementation mechanism:
I. Requirements to the procedure initiator
- Status of the author (co-author) or another rightholder;
II. Documents accompanying the expertise:
- 1) Declaration regarding the author's priority determination;
- 2) Contract between the initiator and the IUCI;
- 3) Agreement on accession to the project «IOSCEAAD-775» on terms officially announced by the IUCI.
III. Objects of patenting:
1) Full (complete and intended for purposeful use without additional conditions or resources needed) objects of intellectual creativity:
1.1. Scientific works:
- Monograph (books, brochure)
- Article (report)
- Thesis
- Design documentation
- Research activity report
- The deposited manuscript
- Translations of scientific and technical literature and documentation
- Author's educational literature with signs of the original scientific study
- Other author's scientific works.
2) Full (complete and intended for purposeful use without additional conditions or resources needed) objects of aesthetic creativity (arts):
2.1 . Literary works:
- Fiction
- Documentary prose
- Memoirs
- Popular scientific literature (without signs of original author's scientific studies)
- Reference books (without signs of original author's scientific studies)
- Technical literature (without signs of original author's scientific studies)
- Author's educational literature without signs of original author's scientific studies.
2.2 . Works of art (except works of literary art):
- Works of the fine arts
- Works of vocal art (singing)
- Works of choreographic art (dancing)
- Theater works
- Works of circus art
- Musical works
- Works of opera art
- Works of ballet art
- Motion picture (movies).
3) Full (complete or functioning within the structure of comprehensive objects and intended for purposeful use without additional conditions or resources needed) means of ensuring the target activity or functioning of devices:
- PC-software
- databases
- topologies of microchips.
4) Original means, instruments and mechanisms of creative reproduction of objects of aesthetic creativity:
- performances;
5) Original means, instruments and mechanisms of distribution (promulgation) of original objects of copyright and generally accepted information:
- phonograms
- message on air or via the radio or TV cable (air or cable broadcasting organizations).
6) Original innovations directed to technical improvement of material objects, ways of their production or use in order to receive the industrial or economic effect:
- inventions
- utility models.
7) Original means of individualization and visualization of physical expression of non-consumable products of industrial production in the stable form:
- industrial samples.
8) Original innovations in the field of biological modeling:
-achievements of selection.
9) Original means of effective individualization of industrial processes, commercial products, mechanisms of their promotion on competitive markets, formation and fixation of consumers' preferences:
- know-how
- company titles
- trademarks and service marks
- names of places of origin of goods
- commercial labeling.
10) Self-sufficient, logically reasonable and final original results of scientific creativity of local or intermediate nature, not intended for independent purposeful use, but subject to application or having the sufficient potential for application:
- in the process of implementation of educational, scientific or other creative activity - as the informational component or the argumentation basis;
- in the process of formation of creative innovations - as the ideological or analytical basis of the comprehensive result of creative activity, corresponding to the necessary criteria of final integrity and completeness.
10.1. Ideas:
- systematic description of unresolved modern scientific problems
- systematic justification of innovative ways of solution of unresolved modern scientific problems
- theories
- concepts
- original and reasonable systematization of data (including – sets of rules and justifications)
- hypotheses
- discoveries
- techniques
- original and reasonable statement of a scientific problem
- other finished intellectual products of local nature.
11) Self-sufficient, logically reasonable and final original results of aesthetic creativity of local or intermediate nature, not intended for independent purposeful use, but subject to application or having the sufficient potential for application:
- in the process of implementation of educational, scientific or other creative activity - as the informational component or the argumentation basis;
- in the process of formation of creative innovations - as the ideological or analytical basis of the comprehensive result of creative activity, corresponding to the necessary criteria of final integrity and completeness.
11.1. Extended plots of works (with completely displayed and properly stated storyline and aesthetic side).
IV. Aims of patenting:
- Expert determination of facts of novelty, superiority, innovativeness and practical applicability of results of creative activity of persons concerned, as well as presentation of instruments of legal protection (legal support of the determined superiority) and official presentation of the innovation with fixation of superiority of its announcement.
V. Materials submitted for the expert assessment:
- Standard specimen or the prototype of the patented object (if it can be provided).
- Photos and other images of the patented object (images of all key qualitative features of the object).
- Video review of the patented object (if the expert council considers it necessary).
- Electronic copies of various documents, verifying the status and quality of the patented object, as well as recommendations related to this object, provided by various institutions.
- Description and main characteristics of the patented object, as well as additional explanations necessary in order to carry out the independent expertise (in English and Russian).
- Information about the analogs of the patented object at the disposal of the person concerned.
- Not less than two publications, describing the content and analysis of the innovation, submitted within sectoral research analytics championships (the GISAP project - http://gisap.eu/) of the International Academy of Science and Higher Education (IASHE, London, UK).
VI. Procedure of carrying out the expertise and rules of determination of its results
- The obligatory factor determining the possibility of admission of the innovation to patenting is presentational (preliminary) promulgation of not less than two author's publications revealing the content and analysis of the innovation, submitted within sectoral research analytics championships (the GISAP project - http://gisap.eu/) of the International Academy of Science and Higher Education (IASHE, London, UK).
- Materials, submitted for the expert assessment and intended for the open access are presented in the relevant section of the website http://academy.iuci.eu/.
- General expert assessment of the object (approval of successful patenting or denial in such statement) and the recommended level of the patenting mark (5-grade system determining the quantity of assigned "innovation quality stars") is carried out by qualified sectoral specialists from around the world (Professional Expert Council) invited by the IUCI.
- Final level of the patenting mark is determined by the open expertise. Sectoral specialists accepted by the IUCI can take part in it. General negative conclusion of the open expertise lowers the recommended level of the patenting mark given by the Professional Expert Council by 1 grade. Positive mark verifies the recommended level. General positive conclusion made by 2/3 of the general number of votes rises it by 1 grade.
- Every specialist allowed to take part in the open expertise must formulate the reasonable note (argumentative objection to verification of patenting because of absence of the object's patentability criteria) while giving the negative mark. If the note is satisfied by the Professional Expert Council of the IUCI, it may become the basis for denial in patenting of the relevant object.
- Open expertise takes place during 3 calendar years after the statement of the general expert mark of the object by the IUCI Professional Expert Council.
VII. Duration of the expertise
- Standard duration of the expertise is 1 calendar month;
- Accelerated expertise - 15 calendar days;
- The regime of the reasonable refutation of patenting (object's patentability criteria) through submission of official notes by persons concerned is three calendar years from the moment of announcement of the general expert mark of the object given by the IUCI Professional Expert Council. As the indicated time period expires appeal of patenting results is carried out in the arbitration mode.
VIII. Patenting results and their affirmation:
Patenting is the expert procedure. Results of patenting are based on the objective professional assessment. These results cannot be known ahead.
Verification of patenting results:
- International Author's Patenting Certificate;
- author's (patenting) mark (medal);
- Right to place the copyright (patenting) mark on the object and documents related to the object;
- Publication of information about the object and patenting results in the IUCI Patenting Bulletin.
IX. Terms of validity of patenting results:
- If physical condition of the patented object remains unchanged, patenting results may be used in order to verify the status of such an object during the unlimited period of time (if notes of persons concerned are not satisfied).
X. Additional services and options:
- Verification of the determined object's patentability criteria by the decision of the American International Commercial and Arbitration Court (AICAC, USA).
More information about the procedure of patenting innovations (copyright protection) according to the IOSCEAAD-775 standard is available here: http://academy.iuci.eu/
If you would like to request the assistance of the International consulting group BoVaSCo in the submission of innovations for the patenting procedure (copyright protection) according to different standards in different regions of the world, you should send the relevant inquiry by filling in the contact form presented in the Contacts section.
Consultations concerning the general conditions and peculiarities of passing the patenting procedure (copyright protection) in accordance with the chosen standard are provided free of charge.
BoVaSCo lawyers, managers and other specialists can provide their clients with necessary support in any country of the world.