ORIGINALITY OF A WORK AS A CRITERION FOR ITS PROTECTABILITY

Abstract

The development of technology has made more and more disputes arise with regard to the protection of rights to certain items. The Russian legislation prescribes only two requirements to works for their protectability (result of creative activity and an objective form), which the courts have to evaluate in their decision-making. Foreign legislation and case law take into account another criterion - originality of a work. The author of the article made an attempt to demonstrate why the criterion of originality shall be recognized as the condition for the protectability of a work.