The history of the development of criminal law protection of objects of patent rights in pre-revolutionary Russia

Gantemirov Kazbek Rustamovich

Purpose: to investigate the history of the establishment by the legislator of criminal protection of inventions and industrial designs in pre-revolutionary Russia in the middle of the XIX-early XX centuries. Methods: the general method of cognition in the form of a dialectical approach, general scientific methods of cognition in the form of inductions, deduction, abstraction, as well as private scientific methods in the form of a statistical method. Results: criminal legal protection of objects of patent rights in pre-revolutionary Russia arose as a result of an increase in the number of granting privileges for inventions several times by the time of the adoption of the Code on Criminal and Correctional Punishments of 1845. In this document, as amended in 1866, when the legislator established the protection of industrial designs, scientists noted the commonality of copyright and patent rights, the commonality of committing crimes against objects of patent and copyright. The legislator also established a civil procedural procedure for the protection of patent rights instead of an administrative procedure. The Criminal Code of the 1909 edition officially established the previously mentioned community of copyright and patent rights, fixing crimes against the relevant objects in one chapter. Conclusions: the criminal legal protection of objects of patent rights in Russia actually arose in the Regulations on Criminal and Correctional Punishments of 1845, as amended in 1866, when the legislator established such protection of industrial designs as non-utilitarian, creative results of the inventors ' activities. Officially, the previously mentioned protection was established in the Criminal Code at the beginning of the XX century, when the legislator fixed criminal liability for committing crimes against objects of copyright and patent rights in one chapter.

Keywords:objects of patent rights, inventions, industrial designs, counterfeiting, the Code of Criminal and Correctional Punishments, the Criminal Code.