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Кумулятивная охрана дизайна режимами произведения и промышленного образца

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The study deals with the problem of cumulative protection of design by copyright and sui generis regime. Its aim was to establish the optimal relationship between these institutions in the protection of product’s aesthetic properties. Comparative experience shows that the models of «total cumulation», «full cumulation», «partial cumulation» and «demarcation of regimes» can be used to regulate this issue. The author describes the forms of realization of these models and notes their advantages and disadvantages. With regard to Russian law, the model of full cumulation is considered the preferred option. It seems to have the greatest potential to ensure balance of interests, proportionate remuneration of creative effort and legal certainty. Keywords: intellectual property overlap; work of art; industrial design; «total cumulation»; «full cumulation»; «partial cumulation»; «demarcation of regimes».

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