Theory and practice of
geographic map legal protection as objects of copyright
in the Russian Federation
Dr.
Raisa Yakovleva
Department Deputy Chief, Federal Agency of Geodesy and
Cartography (Russia)
rb_job@mail.ru
Geographic
maps and atlases, including digital maps, as well as spatial data base are
protected as the intellectual property objects according to the Law of the Russian Federation
«About copyright and related rights». From January, 1, 2008 the forth part of the
Civil Code will come into effect. It is devoted to the rights on intellectual
activity results. According to the federal law «About
Geodesy and Cartography» exclusive rights on geographic maps and other
cartographic products of the state cartographic-geodetic fund belong to the Russian Federation.
The Federal Agency of Geodesy and Cartography has developed methodical
recommendations on the legal protection of exclusive rights on cartographical products
at its enterprises. However the application of the current legislation in the
field of copyright to cartographic products is insufficiently detailed from the
methodological point of view. With this purpose the Russian and international legislation in the
field of intellectual property has been analyzed, as well as creative processes
in producing various cartographical products: the primary maps, derivative
maps, relief maps, multi-sheet maps, atlases,
electronic maps. As a result the operating legislative norms, which are applied
for maps and atlases considered by the author as primary products, derivative
products, compound products, databases are classified. Legal aspects of
cartographic products allocation in the Internet are stated. Court practice on
the base of twenty cases and argumentative base applied
by courts are considered.