{"title":"知识产权制度中的自然客体","authors":"E. Letova","doi":"10.33693/2072-3164-2022-15-6-160-167","DOIUrl":null,"url":null,"abstract":"The purpose of the study. In this article, the author examines the features of objects of nature that are protected results of intellectual activity, as well as the features of biomedical cellular products, which, being objects of nature, are not embedded in the system of objects of intellectual property rights. The signs of various objects of nature are analyzed: breeding achievements, strains of microorganisms, biomedical cell products, comparative characteristics of various modes of protection of such objects are carried out. The author comes to the conclusion that it is expedient to develop a unified approach to the legal regulation of all objects of nature, formulate uniform criteria for the protectability of biological objects and form a common legal regime for objects potentially corresponding to the characteristics of a biological object. It is proposed to interpret breeding activity broadly as creative activity aimed at creating new and improving existing plant varieties, animal breeds, strains of microorganisms and biomedical cell products.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"15 2 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"OBJECTS OF NATURE IN THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS\",\"authors\":\"E. Letova\",\"doi\":\"10.33693/2072-3164-2022-15-6-160-167\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The purpose of the study. In this article, the author examines the features of objects of nature that are protected results of intellectual activity, as well as the features of biomedical cellular products, which, being objects of nature, are not embedded in the system of objects of intellectual property rights. The signs of various objects of nature are analyzed: breeding achievements, strains of microorganisms, biomedical cell products, comparative characteristics of various modes of protection of such objects are carried out. The author comes to the conclusion that it is expedient to develop a unified approach to the legal regulation of all objects of nature, formulate uniform criteria for the protectability of biological objects and form a common legal regime for objects potentially corresponding to the characteristics of a biological object. It is proposed to interpret breeding activity broadly as creative activity aimed at creating new and improving existing plant varieties, animal breeds, strains of microorganisms and biomedical cell products.\",\"PeriodicalId\":446864,\"journal\":{\"name\":\"Gaps in Russian Legislation\",\"volume\":\"15 2 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-11-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Gaps in Russian Legislation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33693/2072-3164-2022-15-6-160-167\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Gaps in Russian Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33693/2072-3164-2022-15-6-160-167","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
OBJECTS OF NATURE IN THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS
The purpose of the study. In this article, the author examines the features of objects of nature that are protected results of intellectual activity, as well as the features of biomedical cellular products, which, being objects of nature, are not embedded in the system of objects of intellectual property rights. The signs of various objects of nature are analyzed: breeding achievements, strains of microorganisms, biomedical cell products, comparative characteristics of various modes of protection of such objects are carried out. The author comes to the conclusion that it is expedient to develop a unified approach to the legal regulation of all objects of nature, formulate uniform criteria for the protectability of biological objects and form a common legal regime for objects potentially corresponding to the characteristics of a biological object. It is proposed to interpret breeding activity broadly as creative activity aimed at creating new and improving existing plant varieties, animal breeds, strains of microorganisms and biomedical cell products.