INDUSTRIAL DESIGN AND MUSEUM OBJECTS: RESULTS OF THEIR COMPARATIVE LEGAL ANALYSIS AS OBJECTS OF INTELLECTUAL PROPERTY

The subject of the presented paper is the normative foundations and doctrinal approaches to industrial designs and museum objects as intellectual property objects, which is predetermined by the purpose of the research, which is to identify the relationship and interaction of norms regulating relations in the field of intellectual property objects having the features of museum objects and industrial designs. The methodological basis was made up of a comparative method that allowed us to correlate the concept, signs, and legal consequences of the regimes of the considered objects. The methodology of the study also included a content analysis of information systems containing information about intellectual property objects, as well as a formal legal method that allowed to reveal the essence of the legal nature of the ratio of the studied objects. According to the results of the study, the general and special characteristics of museum objects and industrial designs were established, the correlation of the legal regime of the considered objects was revealed. Based on this, the field of applied results consists of public relations related to the processes of museumisation of industrial heritage aimed at preserving and popularizing cultural values of industrial activity. The conclusions obtained made it possible to note the differentiation of objects of protection in copyright and patent law, it was established that industrial designs cannot be represented by methods and means of protection peculiar to copyright object. This distinction is also due to the definition of an industrial design and methods of use established in civil legislation. At the same time, it is recognized that the ideological component of a particular intellectual property object in the conditions of its life cycle can move from the mode of an industrial design to the mode of a museum object.

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Publication Details

Journal
Russian Studies in Law and Politics
Published
2024-11-30
DOI
https://doi.org/10.12731/2576-9634-2024-8-3-200
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
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article

INDUSTRIAL DESIGN AND MUSEUM OBJECTS: RESULTS OF THEIR COMPARATIVE LEGAL ANALYSIS AS OBJECTS OF INTELLECTUAL PROPERTY

Gennady B. Zolotov
Russian Studies in Law and Politics
Law, AI, and Intellectual Property
article

INDUSTRIAL DESIGN AND MUSEUM OBJECTS: RESULTS OF THEIR COMPARATIVE LEGAL ANALYSIS AS OBJECTS OF INTELLECTUAL PROPERTY

Gennady B. Zolotov
article en

Abstract

The subject of the presented paper is the normative foundations and doctrinal approaches to industrial designs and museum objects as intellectual property objects, which is predetermined by the purpose of the research, which is to identify the relationship and interaction of norms regulating relations in the field of intellectual property objects having the features of museum objects and industrial designs. The methodological basis was made up of a comparative method that allowed us to correlate the concept, signs, and legal consequences of the regimes of the considered objects. The methodology of the study also included a content analysis of information systems containing information about intellectual property objects, as well as a formal legal method that allowed to reveal the essence of the legal nature of the ratio of the studied objects. According to the results of the study, the general and special characteristics of museum objects and industrial designs were established, the correlation of the legal regime of the considered objects was revealed. Based on this, the field of applied results consists of public relations related to the processes of museumisation of industrial heritage aimed at preserving and popularizing cultural values of industrial activity. The conclusions obtained made it possible to note the differentiation of objects of protection in copyright and patent law, it was established that industrial designs cannot be represented by methods and means of protection peculiar to copyright object. This distinction is also due to the definition of an industrial design and methods of use established in civil legislation. At the same time, it is recognized that the ideological component of a particular intellectual property object in the conditions of its life cycle can move from the mode of an industrial design to the mode of a museum object.

Russian Studies in Law and PoliticsVol. 8(3)
Russian State Academy of Intellectual Property (RU)
Openalex Percentile: Top 77%
Law, AI, and Intellectual Property
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