The problem of rights to results of intellectual activity in the works of scientists of «Russian Abroad»

Abstract

Abstract the scientific heritage of the jurist of «Russian abroad» remains out of sight of researchers. The purpose of this article is to fill this gap. It would not only contribute to a better understanding of the evolution of the doctrine intellectual property law, but would also help to clarify a number of contentious issues in modern theory.

The methodological basis of the study consists of general and special methods of scientific knowledge, among which the most important were the historical-legal and logical-analytical methods. The author analyzes the views of S.A. Belyatskin, E.V. Vaskovsky, S.V. Zavadsky, V.I. Sinaisky, I.M. Tytryumov on the issue of the rights to the results of intellectual activity, as reflected in works published abroad in the 20-30 years of the 20th century.

It is concluded that in this period the understanding of these rights is formed as a unitary, universal category similar to the modern concept of «intellectual property law». In the current debate on the concept of intellectual property law and the nature of intellectual rights, attention needs to be given to the idea that the characterization of intellectual property rights through the notion of exclusive rights requires serious elaboration. In the analyzed scientific works topical in modern conditions the question of validity and prerequisites of recognition of means of individualization to objects of intellectual property right is considered.