Guilt and compensation for violation of an exclusive right

Causes of mental retardation

• hereditary factors, including pathology of the generative cells of the parents (this group of oligophrenia includes Down's disease, true microcephaly, enzymopathic forms);
• intrauterine damage to the embryo and fetus (hormonal disorders, rubella and other viral infections, congenital syphilis, toxoplasmosis);
• harmful factors of the perinatal period and the first 3 years of life (asphyxia of the fetus and newborn, birth trauma, immunological incompatibility of the blood of mother and fetus - conflict over the Rh factor, head injuries in early childhood, childhood infections, congenital hydrocephalus).

On admissible evidence of intellectual property infringement

When considering cases of protection of violated intellectual rights, the court has the right to accept any type of evidence provided for by procedural legislation, including that obtained via the Internet.

Acceptable evidence is certified printouts of screenshots indicating the page address and time of printing.

It is possible to prove the fact of unlawful distribution of counterfeit material media not only with the help of a sales or cash register receipt, or witness testimony (Article 493 of the Civil Code of the Russian Federation), but also on the basis, for example, of an audio or video recording.
Audio and video recordings will be admissible evidence even if they were obtained without the consent of the person in respect of whom they were made, since information about the distribution of counterfeit products by a citizen is not his personal or family secret.

The necessary evidence can be provided by a notary if there is concern that it will become unavailable in the future. For example, a notary can certify the content of a website page on the Internet.

Lightweight

With a mild form of mental retardation in children, the IQ level ranges from 50 to 69 points. Children with mild mental retardation are practically no different in appearance from their healthy peers. Problems, as a rule, begin at school age: children find it difficult to perceive and remember information from the teacher, they find it difficult to concentrate on completing a task, and they are constantly distracted. Even memorizing a four-line poem can be very difficult for a student. – Children with mild mental retardation often develop some strange behavior. They can be closed, unsociable, difficult to make contact and panicky afraid of everything new, in particular new acquaintances. But it happens that such a child, on the contrary, is hyperactive, he fools around too much, does some strange things, thus trying to express himself and attract attention. In any case, a problem of social adaptation may arise, says the oligophrenopedagogist. A child with mild mental retardation is able to experience the whole gamut of emotions, but complex, mixed emotions are more difficult for him to express. Also, such children can be too naive and suggestible, so they can fall under bad influence. As a rule, children with mild mental retardation can study in a correctional school using a special lightweight program. With regular sessions with a speech pathologist and psychotherapists, they achieve good results in their learning. In the future, they can receive a secondary specialized education and find a decent working profession, have a family and children.

About the brand name

The right to a company name arises only from a legal entity that is a commercial organization. The names of non-profit organizations are not a means of individualization.

“At the same time, the right to name a non-profit organization can be protected from actions of third parties that constitute an act of unfair competition or abuse of law, on the basis of the provisions of Article 10 of the Civil Code of the Russian Federation, the Federal Law “On the Protection of Competition”, Article 10.bis of the Paris Convention.
In addition, the name of a non-profit organization may be granted legal protection as a commercial designation in the cases provided for in paragraph 4 of Chapter 76 of the Civil Code of the Russian Federation.”

Words derived from the official name “Russian Federation” and “Russia” are, among other things, “rossiyskiy”, not “russian”.
When considering disputes about the termination of the use of a company name that is identical or confusingly similar to the name of the copyright holder, the courts must establish the similarity of the names and the fact that the companies are engaged in similar types of activities.

The difference in the organizational and legal form, as part of the trade name of the plaintiff and the defendant, does not in itself indicate the absence of a violation of the right to the trade name.

Moderate

With a moderate (average) form of mental retardation in children, the IQ level varies from 35 to 49 points. Children with moderate mental retardation differ in appearance from healthy children: their faces are practically devoid of facial expressions, their eyes blink very rarely. Children with moderate mental retardation often have protruding ears and attached lobes, a defective bite, rough facial features, micro- or hydrocephalus, and widely spaced eyes. The gait of such children is slow and stiff, and fine motor skills are very poorly developed. Possible speech defects: stuttering, lisp. Children with a moderate form of mental retardation have serious problems with the perception and expression of information and their own emotions (they experience fear, joy, affection, and can distinguish praise from blame). Memory is very limited and selective. It is possible to teach self-care skills to children with moderate mental retardation, but serious problems arise with schooling. Even reading and basic arithmetic can become an impossible task. The total vocabulary does not exceed 200 - 300 words. Of course, there is no longer any question of receiving any kind of education, but in the future, people with a moderate form of mental retardation can perform some simple work that does not require decision-making. They can live at home, in a family, under the supervision of loved ones. As they grow older, they are assigned to special schools or social institutions, where they can live and do some simple work. If problems with neurology and psyche develop, hospitalization in a psychiatric clinic may be required. – A child suffering from a moderate form of mental retardation needs to be dealt with comprehensively. A neurologist and psychiatrist will prescribe drug therapy that improves brain processes, psychostimulants, and anticonvulsants. Classes with a speech therapist-defectologist are also necessary; training is possible only at home, the oligophrenopedagogist clarifies.

I'm here!

How can parents understand that their child is not like everyone else? Why did something go wrong at some point in the baby’s development? Where and how to teach a student diagnosed with mental retardation? Is it true that even a common flu can lead to such a diagnosis? Tamara Isaeva, associate professor of the Department of Oligophrenopedagogy and Special Psychology at Moscow State Pedagogical University, answers RG’s questions.

Tamara Nikolaevna, are intellectual disabilities in a child congenital?

Tamara Isaeva: It varies. Violations may appear at different times. This may be a prenatal lesion or a lesion that appears later, during the maturation of brain structures. For example, a child was born healthy, but suffered encephalitis or menningoencephalitis: inflammation has affected the higher parts of the brain, the youngest, and an irreversible process occurs.

Another situation: the child was born healthy, but has a hereditary predisposition. A variety of factors can lead to the appearance of mental retardation: for example, the common flu. Sometimes mothers say: everything was fine, but suddenly there was a sharp rise in temperature and a sharp setback in development. This is most likely the hereditary factor at work. Usually we talk about mental retardation when exposed to unfavorable factors before the age of 3 years.

What signs should alert parents of a baby?

Tamara Isaeva: Here are five signs that will allow parents to understand whether their child is at risk of developing certain developmental disorders.

1. The baby does not look for contact with his mother with his eyes, does not respond to his name, he does not have a response to the voice.

2. The child does not sit (with support) at six months, and has not started walking at one year.

3. A child from 1 to 1.5 years old is not interested in the objective world, toys, and does not try to imitate.

4. The child does not have a pointing gesture (he does not point with his finger at the toy he wants to receive, at a bottle of juice or water).

5. By the age of three, the child does not begin to say “I”.

And what to do if the child does not speak by the age of 3-4?

Tamara Isaeva: The first thing parents usually pay attention to is that the child does not speak.

I had a case: a child is 7 years old, but he does not eat or dress himself. What is more important: talking or dressing yourself? Mom only cares about the speech, “I’ll wear it myself.” But when we block the skills of dressing and undressing, we, therefore, block the development of speech, especially its communicative side. Speech develops and becomes not on its own, but in conjunction with many skills. As a child learns to dress and develop, he develops very fine, differentiated hand movements. And this is the development of the articulatory apparatus and speech. Therefore, here we need to think about what comes first and what comes later. That child turned out to have mental retardation.

Tamara Isaeva: Here are the textbooks used to teach children with developmental disabilities. Photo: Irina Ivoilova/RG

By the way, in the West such a diagnosis is not given at all; these children study in regular classes. As a rule, their pace suffers and they are slower than other students. But if favorable conditions are created for them, the result will be no worse. This is often not taken into account, including when passing the Unified State Exam. For some reason, it is believed that all children work at the same pace. This is wrong.

Where can a child with intellectual disabilities be taught - in an inclusive school, a correctional school, or are there children who cannot be taught at all?

Tamara Isaeva: There are no uneducable children. Education is, first of all, human development. If a child does not know fractions or multiplication tables, this does not mean that he is not developing. But everyone has their own capabilities and abilities, and based on this, we need to teach such children. During the learning process, everyone develops abilities. The educational environment is very important for children with intellectual disabilities. They have very few internal resources, it all depends on how competently, seriously, and patiently the defectologist works, who follows the path of restoring impaired ontogenesis. This effect has a beneficial effect on the formation of neural connections in the cerebral cortex.

I can rely on my own teaching experience, when my students, after graduating from school, did not know how to speak, read and did not master writing, like you and me, but at the same time they were socially adapted. And for such people the most important thing is to be happy in the simplest life.

Photo: Irina Ivoilova/RG

It turns out that not every child can be taught to read and write?

Tamara Isaeva: Some people write and read the same way as we do, and there is also the so-called alternative writing, global reading methods. You and I use the analytical-synthetic method when mastering writing and reading. And there are children who read whole words. Of course, they have a small vocabulary, but they have it. There is reading at the level of pictograms and symbols. After all, we come across, for example, instructions for new equipment, where there is not a word in Russian, but there are pictograms, and we understand everything. So are these children.

Previously, students in special schools had to graduate at 18, no matter what they had learned by then. Now in schools they can be up to 23 years old. What's next?

Tamara Isaeva: If we take a mild degree of mental retardation, then there is infrastructure for such people, the opportunity to find a job. But if the children are heavier, then everything is much sadder. There is only one path for them so far - to psychoneurological boarding schools. I once worked for eight years in such a boarding school and I know that many of the patients could live in society.

Do they need to work?

Tamara Isaeva: Yes, but if it is not supported, then such a need fades away.

In maternity hospitals, mothers are still told: leave your sick child, he won’t even recognize you later. This is true?

Tamara Isaeva: This is not so! A child has an innate need to communicate with his mother or with the person who began to take care of him from birth.

Do your students remember you? Do they recognize you or write you a letter?

Tamara Isaeva: Not all. Some people recognize him on the street and smile, others don’t. It doesn't upset me. Another thing is upsetting: our society of high achievements does not allow people with achievements at the level of their capabilities to live in this society. And that's the problem.

Heavy

A severe form of mental retardation in children is characterized by serious organic damage to the brain and an intelligence not exceeding 34 points. With this form of mental retardation, speech and thinking are almost completely absent - patients communicate only with the help of mooing and inarticulate sounds. Most often, children with idiocy cannot walk independently and have multiple internal defects. Children with severe mental retardation are practically unable to experience conscious emotions, but during uncontrollable outbursts of anger they can be aggressive and dangerous to others. They often harm themselves - they scratch their faces, pull out their hair, and in a calm state they are lethargic and inactive. As a rule, idiocy is detected at an early age - the child begins to hold his head up, roll over and sit very late. A child with idiocy has a characteristic facial expression with a grimace of anger or, on the contrary, aloof. The tongue may be very large and protrude from the mouth. A child with a severe degree of mental retardation is completely unteachable, is not capable of even basic self-care skills, does not control the processes of urination and defecation, does not distinguish edible from inedible, cold from hot, is not able to feel satiety, and openly engages in masturbation. Unfortunately, children with idiocy cannot live and be raised in an ordinary family, and they are sent to specialized boarding schools, where, with proper care and medication correction, they are quite capable of living up to 40 years.

Intellectual disorders

All intellectual disorders are divided into congenital and acquired. Congenital intellectual disabilities are also called “intelligence retardation syndromes.” Congenital and acquired intellectual disorders differ sharply in the dynamics of their course.

Congenital

Congenital intellectual disorders are called oligophrenia (synonyms: dementia, mental retardation). Oligophrenia includes all underdevelopment of the intellect due to reasons that existed before the birth of the child or that appeared in the first years of his life.

This will include hereditary diseases (Down's disease, Martin-Bell syndrome and others), the consequences of exposure to exogenous factors on the mother in the 1st trimester of pregnancy, a particularly serious problem is the rubella virus, the causative agent of toxoplasma and alcohol. Birth traumas accompanied by fetal hypoxia and diseases suffered in the first years of life (meningitis, encephalitis, etc.) also lead to oligophrenia.

The most important sign of oligophrenia is the absence of dynamics in the development of the disorder, or even the presence of evolutionary dynamics. That is, the patient never gets worse, his underdevelopment of intelligence never gets worse, in some cases it can even be corrected. Oligophrenia is divided into debility, imbecility and idiocy. In our case, this list is built from the mildest damage to the intellect to the most severe.

Moronism

This is a relatively mild degree of intellectual underdevelopment. Such patients can study in specialized educational institutions, where they will be taught reading, writing, basic arithmetic skills and basic knowledge of the world around them. As a rule, such patients are unable to obtain more serious knowledge due to the lack of abstract thinking.

In the future, patients can live independently, work in simple jobs under the guidance of a mentor and start families. Often, patients’ work activities are complicated by their slowness and lack of independence. Unlike other intellectual disabilities, people with this diagnosis are aware of their insufficient abilities and try to compensate for them by being curious, using scientific terms, or other means. Charlie at the very beginning of the story “Flowers for Algernon” is a clear example of just such a patient.

Patients with debility are very suggestible and gullible, which creates a danger of falling into asocial company or committing crimes.

Imbecility

Imbecility is already a much more severe mental retardation; here there is only concrete thinking. Imagination is completely absent. Patients may know individual numbers, but simple arithmetic operations (adding and subtracting units) are inaccessible to them. Social skills are almost completely absent, but patients are usually very attached to relatives/caregivers. Patients respond adequately to criticism or praise.

Imbeciles get lost in unfamiliar surroundings or with the appearance of unfamiliar people. They require constant supervision and care .

The patients' movements are very poorly coordinated; only persistent rehabilitation and pedagogical classes can instill in such patients the skills of going to the toilet, dressing and eating with a spoon.

Idiocy

Idiocy is the most severe degree of mental retardation. Such patients are completely helpless. They lack speech and thinking, they are only capable of making isolated inarticulate sounds or cries. Patients do not recognize relatives/caregivers and do not understand speech addressed to them (including criticism and praise). They cannot distinguish edible objects from inedible ones and tend to try to eat any objects within their reach, including cutting or piercing objects.

Idiocy is accompanied by severe defects in the formation of internal organs and external deformities. Patients usually do not live beyond the age of 20 and require constant supervision. Such patients are completely unteachable.

Let's reflect these states in our table:

Purchased

Acquired types of dementia are united under the general concept of “dementia”. Dementia differs from oligophrenia in that most of its types steadily progress to the point of complete loss of intelligence - this happens if we are talking about neurodegenerative, vascular and oncological diseases of the brain. After a traumatic brain injury or stroke, partial restoration of intelligence is possible.

According to etiology, organic and schizophrenic dementia are distinguished. Schizophrenic dementia is the final stage of personality breakdown that occurs in schizophrenia.

Organic dementia

Organic dementia occurs as an outcome of severe organic diseases such as Alzheimer's disease, AIDS, prion diseases, neurosyphilis, multiple sclerosis and others. Organic dementia is divided into lacunar, total and concentric.

Lacunar dementia

Lacunar dementia is a type of dementia that occurs due to memory impairment. The remaining components of intelligence are not impaired, the behavior and character of the person is preserved . Only a little sentimentality appears, and occasionally tearfulness. The patient is completely critical of his problem, he sincerely wants to be cured and tries to compensate for memory impairment with the help of notebooks, stickers or reminder applications.

A typical cause of lacunar dementia is cerebral atherosclerosis. With high-quality therapy that improves blood supply to the brain, a significant inhibition of the progression of dementia is possible.

Total dementia

Total dementia is a gross impairment of intellect and memory, with logic and understanding of reality being primarily affected. The ability to operate with both abstract and concrete concepts is destroyed. The core of the personality is grossly violated - the patient easily commits shameful acts, uses obscene curses towards innocent people, and relieves physiological needs without taking off his clothes. Violent aggression towards loved ones is also typical. Criticism of the disease is completely absent , the patient is not burdened by his condition, does not recognize gross personality changes and, as a rule, does not want to be treated.

Most often, total dementia is a consequence of neurodegenerative diseases - Alzheimer's disease, Pick's disease, prion disease (especially Creutzfeldt-Jakob disease). Another common case of total dementia is brain tumors that are localized in the frontal lobes. Neurologists call this "frontal lobe syndrome" or "frontal lobe syndrome."

Syndromes combined with different degrees of MR

Down syndrome is the most common genetic cause of intellectual disability. It is caused by a chromosomal abnormality - if normally there are 46 of them, then in this case there is an unpaired 47th chromosome. People with this syndrome can be identified by an abnormally short skull, flat face, short arms and legs, short stature, and small mouth. They process the information received poorly and remember it, they lack the concept of time and space, and their speech is poor. Moreover, such individuals adapt well to society.

Martin-Bell syndrome (fragile X chromosome). The second most common genetic cause of mental retardation. It is recognized by the following external features: increased mobility of joints, an elongated face, an enlarged chin, a high forehead, large, protruding ears. They start talking late, but poorly, or don’t speak at all. Very shy, hyperactive, inattentive, constantly moving their arms and biting them. Men have more cognitive impairment in this category than women.

Williams syndrome (“elf face”). It occurs as a result of hereditary chromosomal rearrangement, the loss of genes in one of them. The patients have a very interesting appearance: the face is narrow and long, blue eyes, flat nose, large lips. Usually suffer from cardiovascular diseases. Rich vocabulary, good memory, excellent musical abilities, and social interaction skills. But there are problems with psychomotor skills.

Angelman syndrome (happy doll or Parsley). Caused by a change in chromosome 15. Very light eyes with characteristic spots on the iris and hair, the head is small, the chin is pushed forward, the mouth is large, the teeth are sparse and long. Severe delay in psychomotor development, significant impairment of speech and movement (poor balance, walks on stiff legs). He often smiles and even laughs for no reason.

Prader-Willi syndrome . It is characterized by the absence of a paternal copy of chromosome 15 and a number of other disorders. He is short in stature, has small arms and legs, suffers from compulsive overeating, and, as a result, obesity. Problems with short-term memory, speech, information processing.

Lejeune's syndrome (cry of the cat or 5p syndrome). A very rare and serious disease caused by the absence of the short arm of chromosome 5. The head is small, the face is round, the lower jaw is underdeveloped and the bridge of the nose is wide, so the eyes are located far from each other. The feet are turned out, the hands are small. The larynx is underdeveloped, there are vision problems, in particular, strabismus. She often cries and makes a sound similar to a kitten meowing. Motor development is delayed, and the ability to pay attention is limited.

In addition to the syndromes mentioned, intellectual disability can coexist with cerebral palsy, deafness and blindness, autistic disorders, epilepsy and other somatic and mental illnesses.

About the similarity of trademarks

To establish the fact of infringement, “danger is enough, and not the actual confusion of the trademark and the disputed designation by ordinary consumers of the corresponding goods.”
Confusion is possible if, despite individual differences, the consumer as a whole perceives the disputed designation as a specific trademark.

How is the likelihood of confusion between a trademark and a disputed designation determined?

• according to the degree of similarity of designations;
• degree of homogeneity of goods.

In this case, mixing is possible :

• with a low degree of similarity, but identity (or proximity) of the goods;
• when there is a low degree of homogeneity of the goods, but there is identity (or a high degree of similarity) of the trademark and the disputed designation.

Special knowledge is not required to establish the degree of similarity of designations and homogeneity of goods

In addition, the court evaluates other circumstances:

• “whether the trademark is used by the copyright holder in relation to specific goods;
• duration and volume of use of the trademark by the copyright holder;
• degree of fame and recognition of the trademark;
• the degree of consumer attentiveness (depending, among other things, on the category of goods and their price);
• the presence of a series of trademarks by the copyright holder, combined with a common element with the disputed designation.”

To determine the likelihood of confusion, surveys of ordinary consumers of the relevant product are also used.

How to identify mental retardation disorders: signs and symptoms of delayed psycho-speech development

ZPRD, if it is caused by congenital factors, can begin to manifest itself at a fairly early age of the child.

Signs of delayed psycho-speech development:

• 4 months : the child does not respond to the words and gestures of the parents, does not smile (these are also symptoms of autism);
• 8–9 months : absence of babbling (repetition of identical syllables);
• 1 year : the child is very quiet, makes almost no sounds;
• 1.5 years : does not speak simple words (“mom”, “give”) and does not perceive them, does not understand when addressed by name or with a request; may also not be able to chew;
• 2 years : knows and uses a very limited set of words, does not repeat new words after others;
• 2.5 years : uses no more than 20 words, cannot form a phrase out of two or three words, does not understand the names of body parts and objects;
• 3 years : cannot form a sentence on his own, does not understand simple stories from adults. Speaks too quickly, “swallowing” endings, or too slowly, drawing out words. In response to an adult’s address to him, he can repeat what was said verbatim.

A child with PVD at any age may experience increased salivation and an always slightly open mouth. Such children are characterized by hyperactivity, increased aggressiveness, inattention, fatigue, and poor memory. The child thinks very slowly, has an undeveloped imagination and a narrow range of emotional manifestations, experiences great difficulties in communicating with peers, and therefore avoids them. Physically, such children are also poorly developed and may even have cerebral palsy.

Symptoms of ZPRD also manifest themselves in organic changes. When examined using electroencephalography (EEG) or the evoked potentials (EP) method, disturbances are detected in the left hemisphere (it is responsible for speech development).

In general, the longer a child experiences difficulties with speech, the more his mental and mental development is delayed. After all, the older children are, the more information they receive from what they are told in dialogues with others. This is another reason to start treatment for PVD as early as possible.

On public performance of a work

Use of a work is its public performance, either live or using technical means, in a place open to the public or to a wide range of persons other than family members.
“ Public performance of a work requires obtaining the consent of the copyright holder or an organization for managing rights on a collective basis, regardless of whether such performance is carried out for a fee or free of charge (clause 2 of Article 1270 of the Civil Code of the Russian Federation), as well as whether the presentation of the work is <...> the main type activity or represents the sound accompaniment of other activities (for example, in cafes, restaurants, shopping centers, on the territory of sports facilities, etc.).”

How is the cause of RRR determined?

In order to cure a disease, you need to know exactly why it appeared. The cause of a delay in speech development in a child can be determined by conducting a comprehensive examination of him with doctors of traditional medicine; naturopaths do not need all examinations, but it will not hurt to undergo them.

Pass special testing to determine whether the child’s skills correspond to his age.

Bayley Scale Early Language Development Scale

Denver test Have your hearing checked by an audiologist Determine facial motor dysfunction - difficulty swallowing Compare the processes of understanding speech and producing it Analyze the ways adults interact with a child Determine how well the brain works using MRI, EEG and other methods See a child psychologist and psychiatrist and also visit a speech therapist and neurologist

Scientists warn of risk of decline in intelligence due to COVID

More than 12.6 thousand participants reported that they had suffered from COVID-19. They were divided into groups depending on the severity of the disease: those who were ill at home, in the hospital and those who were connected to a ventilator. Taking into account factors such as gender, age, education and income, the researchers concluded that those who had the disease had more difficulty completing the tasks than participants in the control group.

According to experts, cognitive impairment was more pronounced in those who had a severe form of COVID-19: in patients who required connection to a ventilator, the composite intelligence score decreased to a level that approximately corresponds to seven points in IQ tests.

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Last October, experts from the UK National Institute of Health reported that some patients who had recovered from coronavirus complained of a months-long state of “brain fog.” Among other consequences of the disease, they named extreme exhaustion and the inability to taste or smell.

In November of this year, neurologists interviewed by RBC reported an increased number of complaints from patients in Russia about problems with memory, concentration, and orientation in time and space after suffering from COVID-19. Doctors linked this to the impact of infection on internal organs and psychosomatics.

Skvortsova reported an increase in the number of mental disorders in COVID survivors Society

The same month, a group of scientists from the University of Oxford reported a possible risk of developing mental disorders in patients who recovered from coronavirus infection. They analyzed more than 70 million electronic medical records in the United States, which contained data on 62 thousand patients. According to doctors, mental disorders identified within 14–90 days after diagnosis of COVID-19 occurred in 18.1% of patients, and in 5.8% of study participants they were identified for the first time. The most common were anxiety, post-traumatic stress disorder, depression, insomnia, and memory impairment.

Data on neurological complications in coronavirus survivors prompted a study by scientists from the American Cleveland Clinic. Experts concluded that in some cases, the infection can lead to neurological signs characteristic of Alzheimer's disease.

How to treat ZRR?

Early diagnosis of such problems allows you to prescribe appropriate treatment in time and, in some cases, successfully get rid of them.

Traditional medicine and doctors suggest combining the following methods:

• Taking medications prescribed by a neurologist or psychiatrist. They are designed to nourish the neurons of the brain - Cortexin, Lecithin, Neuromultivit, etc.
• Modern hardware procedures , such as: reflexology and magnetic therapy They can activate the brain and improve speech, but have many contraindications
• Classes with a speech pathologist and speech therapist according to individually designed programs, which include various game exercises
• One of the types of speech therapy massage , selected for each specific child
• dolphin or hippotherapy as additional treatment methods.

We suggest you replace drug treatment with a unique recovery program - effective and safe. After all, only living products can effectively enter a cell and work there.

FDD, like any other delays in the development of a child, has dangerous social consequences

lagging behind peers problems with studying further acquisition of a profession

Therefore, the main task of parents of such special children is to notice the problem in time and competently get rid of it.

About the co-authors

Co-authorship arises when each of the co-authors, by mutual agreement (oral or written), made a creative contribution to the work .
How should the court determine the presence of co-authors?

To do this, it is necessary to find out whether the person claiming co-authorship took a creative part in the creation of the work.

When considering disputes about co-authorship of an indissoluble whole work, the court must determine whether co-authorship existed at the time of publication of the work. Confirmation may be the will of the co-authors, expressed in the transfer of rights, public statements, etc.

Not a co-authorship:

• providing the author (co-author) with technical support or other assistance that is not of a creative nature;
• management of the author’s activities, if it was not of a creative nature.

ZPRD with elements of autism

As a result of malfunctions of the central nervous system or the impact of severe infections on the child’s body, not only speech and mental development delays can form: in some cases, the disease is accompanied by signs of autism.

Autistic traits in a child’s behavior:

• Does not enter into emotional contact with people, does not smile, does not reach out to parents.
• Prone to frequent attacks of aggression, when he is dissatisfied with something, he can direct this aggression towards himself (biting himself, hitting himself).
• Stereotypical behavior: may sway for a long time in one place or walk in a circle, twirl one object in his hand, tends to place objects in a row, reacts negatively to any changes.
• Does not know how to play with toys, uses them in his own way, may be committed to only one toy or part of it.
• Avoids society, does not know how to interact with peers.

On the right to trademark protection

The court may refuse to protect the right to a trademark if it finds that actions to acquire a trademark and the exclusive right to a trademark, as well as to apply specific measures to protect the trademark, can be qualified as abuse. For example, failure to use a trademark does not in itself indicate abuse of right .

The exclusive right of the copyright holder covers, among others, distribution (including offer for sale), as well as import into the territory of the Russian Federation, storage or transportation for the purpose of introducing into civil circulation on the territory of the Russian Federation the goods in which (as well as on labels, packaging, documentation of which) the trademark is expressed.

Delayed motor development - MSD

This type of deviation appears already in the first year of a child’s life. And it is noticeable quite clearly. While other children begin to hold their head up, sit, stand, and walk, a baby with mental retardation does not do all this. The causes of MR are delayed motor development.

If a little person’s motor system is developing well, he does everything listed on time or even earlier than normal. What is the cause of problems with motor functions?

There are several of them:

• Hereditary factors
• Parents' health status
• Perinatal problems - injuries, stress, illness, bad habits, poor nutrition and difficult working conditions for the expectant mother
• Birth abnormalities - premature birth, rapid, protracted, postmaturity, prematurity, birth injuries

youinf.ru

Smoking causes chronic bronchitis and atherosclerosis.

This habit also
provokes lung cancer and coronary heart disease. But it turns out that the list of consequences of cigarette addiction is not limited to this. As Scottish scientists found:

Smoking negatively affects the brain and reduces intellectual abilities.

To come to this conclusion,

Researchers from the University of Aberdeen examined 465 volunteers aged 64 years. Half of them were heavy smokers. First, they were given a battery of psychological tests to assess IQ and memory. The scientists then compared them with the archived results of a similar test conducted more than half a century ago, when the participants were 11 years old.

As it turned out,

smokers “lag behind” their non-smoking peers on all types of tests. Their ability to think logically, as well as their ability to memorize and reproduce information, has significantly decreased. Even when scientists excluded the influence of various “third” factors (social status, level of education, nature of work, alcohol consumption, etc.), although the difference decreased, it still remained large.

Researchers don't yet know

what smoking does to the brain.
But there is a version that nicotine and cigarette tars make nerve cells hypersensitive to the action of free radicals - toxic compounds formed during redox processes. In addition, the resins themselves increase the content of free radicals in the body, which also increases the risk of damage to brain cells. Source

Passive smoking reduces memory and weakens the nerves and impairs the functioning of the nervous system as a whole.

Even

You yourself have never touched a cigarette, but are forced to stay in a smoky room for a long time, there is a high risk that your memory will fail long before old age.

Experts say so

British Northumbria University Tom Heffernan and Terence O'Neill. They conducted a study of the cognitive (that is, those responsible for communication and assimilation of information) abilities of three groups of people. In one group there were heavy smokers, in another - those who were forced to inhale other people's tobacco smoke for a long time in the office or at home, and in the third - lucky ones who managed to avoid any contact with nicotine.

All three groups

The subjects were tested on chronological and event memory. That is, people were given to quickly memorize some texts, poems, and were shown pictures that had to be memorized in chronological order. At the end of the experiment, it became clear that passive smokers forgot almost 20% more compared to non-smokers, and active smokers retained information a third worse, says Addiction magazine.

The authors of the work are sure

that passive smoking not only has a bad effect on the bronchi and lungs, but also on the daily functions of our brain.
And they add that it can negatively affect not only memory, but also mental health. So, those who do not smoke, but have a high level of cotinine in their blood, a by-product of the breakdown of nicotine, have an increased risk of neuroses and a lower threshold for resistance to stress. Source

Israeli Study: Smoking Reduces IQ

As Israeli scientists have established,

Smoking not only increases the risk of respiratory and cardiovascular diseases, but also directly affects the mental abilities of a person addicted to tobacco. Heavy smokers have a sharp decline in IQ.

Medical center specialists

Sheba in Tel Aviv recruited twenty thousand male volunteers between the ages of 18 and 21 for the study. A thorough examination revealed that young men who smoke a pack of cigarettes a day before have a lower IQ than non-smokers. Moreover, the more cigarettes a young man needs per day, the weaker his mental abilities are.

For those who did not produce

and did not inhale tobacco smoke, the average IQ was 101 points.
For the average smoker, it decreased to 94, and for those who smoked more than one pack of cigarettes per day, it did not exceed 90. This was convincingly demonstrated by the results of IQ tests of twins, whose mental abilities are initially the same. Source

Features of children with mental retardation

Disturbances in the intellectual sphere of children who have developmental delays are relatively mild, but all intellectual processes are affected: perception, attention, memory, thinking, speech.

The perception of a child with mental retardation is fragmented, slow and inaccurate. Some analyzers operate at the same level as in normally developing children, but a child with mental retardation will have difficulty forming a holistic image. Visual perception is better developed than auditory perception. This feature is important to take into account when teaching such children: they definitely need visual aids to better assimilate the material. In children with mental retardation, such properties of perception as objectivity and structure are impaired (recognizing objects from an unusual angle causes them certain difficulties), including the integrity of perception. Children with mental retardation have difficulty identifying individual elements of an object, which they perceive as a single whole, find it difficult to complete a complete object based on part of it, and find it difficult to guess what is in front of them if only part of the object is shown.

As for attention, in children with mental retardation it is unstable, short-term, and superficial. The child is distracted by any extraneous stimuli, it is difficult for him to concentrate on any one activity, so situations related to concentration cause great difficulties. In addition, their selectivity and distribution of attention are impaired. They cannot assess which stimulus is significant in order to concentrate on it and which is not. Even a small stimulus can distract them from completing the main task.

Memory in children with mental retardation is characterized by fragmented memorization of material, poor selectivity, and a predominance of visual-figurative memory over verbal memory. They remember visual stimuli better and faster than auditory ones. Their involuntary memory is more preserved. In addition, children with mental retardation have a low level of self-control in the process of memorization and reproduction, the inability to independently organize their work to memorize the necessary educational material, insufficient cognitive activity and focus when memorizing, and the inability to use memorization techniques.

As for thinking, in children with mental retardation, visual-effective thinking is more intact, while figurative thinking is more impaired due to the fact that they are characterized by inaccurate perception. As for abstract-logical thinking, its development and functioning is impossible without the help of an adult. Children with mental retardation have difficulty with analysis and synthesis, comparison, and generalization, so they cannot cope with tasks related to the ordering of events, build an inference, they cannot make a generalization and formulate conclusions based on it.

Speech in children with mental retardation also has its own specifics. They have a distortion of the articulation of many sounds, a violation of auditory differentiation. Their vocabulary is limited. Such children have a violation of control over the grammatical form of speech; it is much more difficult for them to construct coherent, literate statements. Therefore, their speech may seem quite illiterate and too simple.

With regard to written speech, children with mental retardation often experience such phenomena as dysgraphia and dyslexia. In psychoneurology, dyslexia is understood as a violation of the reading process, and dysgraphia is a violation of the writing process. Children with dyslexia make mistakes when reading: they miss sounds, add unnecessary ones, and distort the sound of words. Reading speed with dyslexia is low, children change places of letters, and sometimes miss the initial syllables of words. With dysgraphia, children have difficulty mastering writing: everything they write contains a fairly large number of grammatical errors. When writing, they do not use capital letters, punctuation marks, confuse letters with similar spellings, combined and separate spelling of prepositions and prefixes. Their handwriting, as a rule, is ugly, sloppy and incomprehensible. In middle and high school, schoolchildren try to use short phrases with a limited set of words when writing, but this does not save them from making quite serious mistakes. Such children write and read much more slowly than their peers.

The formation of the personal sphere in children with mental retardation also has a number of features. It is characterized by excessive emotional mobility, frequent mood swings, and suggestibility. They are characterized by lack of initiative and lack of will; they rarely become the life of the party, leading in any activity, but follow the lead of their peers. In addition, they may experience affective reactions, increased aggressiveness, and increased anxiety. This can lead to serious conflicts with other people.

But more often, children with mental retardation are withdrawn and uncommunicative. Unable to adapt socially, they prefer to play alone and avoid contact with peers. Their gaming activities are stereotypical and monotonous, the plot of the game is one-dimensional, very simple. They play as if according to a template, their imagination is quite stingy.

Features of the motor skills of children with mental retardation include awkwardness, clumsiness, and lack of coordination. They are often susceptible to such phenomena as hyperkinesis (pathological sudden involuntary movements in one or an entire group of muscles following an erroneous command from the brain) and tics (this is a rapid involuntary stereotypic muscle contraction).

Guilt and compensation for violation of an exclusive right

The recently published Resolution of the Court on Intellectual Rights forced me to once again turn to a topic that has already set my teeth on edge - innocent liability for violation of an exclusive right committed in the course of business activities.

How is this issue currently regulated?

It would seem that the answer to this question is quite clearly stated in paragraph 3 of Art. 1250 Civil Code of the Russian Federation:

“Unless otherwise established by this Code, the penalties provided for in subparagraph 3 of paragraph 1 and paragraph 3 of Article 1252 of this Code for violation of intellectual rights committed by the violator while carrying out business activities are subject to application regardless of the guilt of the violator , unless such person proves that the violation intellectual rights occurred as a result of force majeure, that is, extraordinary and unavoidable circumstances under the given conditions.”

In other words, compensation for violation of an exclusive right is always recovered from the entrepreneur, even if he committed the violation innocently. But this does not mean that the degree of guilt of the offender does not matter at all. Courts must still take it into account as one of the criteria for determining the amount of compensation. The Supreme Court and the Supreme Arbitration Court of the Russian Federation specifically drew attention to this in paragraph 43.3 of their joint resolution No. 5 / 29:

“The amount of compensation to be recovered must be justified by the court. When determining the amount of compensation, the court, taking into account, in particular, the nature of the violation, the period of illegal use of the result of intellectual activity, the degree of guilt of the violator , the presence of previous violations of the exclusive right of a given copyright holder by a person, the probable losses of the copyright holder, makes a decision based on the principles of reasonableness and fairness, and also the proportionality of compensation to the consequences of the violation.”

Based on this clarification, the courts collect 10,000 rubles (the minimum possible amount of compensation) when a truly innocent violation occurs.

But recovery of 10,000 rubles is possible when the plaintiff demands compensation in the amount of 10,000 to 5,000,000 rubles, which by force of law is determined at the discretion of the court. A more difficult issue with the amount of compensation is resolved when the plaintiff demands to recover compensation in the amount of twice the cost of the goods on which the trademark is illegally placed (clause 2, clause 4, article 1515 of the Civil Code of the Russian Federation), or in the double amount of the cost of counterfeit copies of the work (clause 2, Article 1301 of the Civil Code of the Russian Federation).

In this case, the court does not have the same discretion, and it is forced to seek compensation in the amount that the plaintiff proves. This was specifically emphasized by the Supreme Arbitration Court of the Russian Federation, interpreting paragraphs. 2 clause 4 art. 1515 Civil Code of the Russian Federation:

“The said norm, the provisions of which were chosen by the plaintiff as a way to protect the violated right, does not imply the possibility of changing the amount of compensation depending on the court’s assessment of the degree of its proportionality to the consequences of the violation.”

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 26, 2012 No. 498/12 in case No. A40-3785/11-12-33

And even earlier, the Supreme Arbitration Court of the Russian Federation indicated that

“At the same time, the amount of compensation provided for in subparagraph 2 of paragraph 4 of this article is limited to the limits established by the legislator and is recognized by him as proportionate to the consequences of the offense .”

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 27, 2011 No. 3602/11 in case No. A08-8099/2009-30

However, YOU had to quickly reconsider these positions when it became clear that the amount of compensation equal to twice the cost of goods (services) could be simply astronomical and amount to billions of rubles. Thus, exactly one year after “ does not suggest the possibility of changing the amount of compensation”, took the following position:

“Since paragraph 4 of Article 1515 of the Civil Code provides for one measure of civil liability - compensation collected in lieu of losses, which is only calculated in different ways (paragraphs 1 and 2 of the said article), the Presidium believes that the approaches developed in the mentioned resolution are also applicable to the practice of collection compensation calculated in accordance with subparagraph 2 of paragraph 4 of Article 1515 of the Civil Code.

The court, with appropriate justification, is not deprived of the opportunity to recover the amount of such compensation in a smaller amount compared to the stated claim.«

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated April 2, 2013 N 16449/12 in case N A40-8033/12-5-74

The judgment referred to by the Supreme Court in this passage is the judgment in the famous Crossroads case. I will tell you about it below.

And I must say that this new position of YOU is working. Thus, the SIP, based on it, confirmed the legality of reducing compensation by two times the cost of goods from the declared 5,387,211 rubles. 24 kopecks up to 350,000 rubles.

At the same time, the SIP took into account the following circumstances indicating a low degree of guilt of the defendant:

“At the same time, the courts proceeded from the fact that the Russian Azov company began producing alcoholic products with the name “MARE NERO” on 08/09/2012 after submitting an application for registration of the designation as a trademark by a third party by the TD ROMANOV company and completing a formal examination.

The courts took into account that the preparations made by the Russian Azov society and the TD ROMANOV society to register the designation “MARE NERO” in accordance with the current legislation, taking into account the technology for the production of alcoholic products, indicate that the Russian Azov society has no intention to violate the rights of the Alexandrov society cellar."

The courts also took into account that on the date of consideration of the case, the Russian Azov society completely stopped using the controversial designation, having presented the relevant evidence.”

Resolution dated 06/03/2015 No. S01-302/2015 in case No. A40-63288/2014

What the Intellectual Property Rights Court did “wrong”

That's what - he simply allowed the possibility of release from liability if the violation was committed innocently. And in support of his conclusion he gave the following arguments:

“In turn, by virtue of paragraph 3 of Article 1252 of the Civil Code of the Russian Federation, as stated above, losses or compensation are subject to recovery only if the fact of a violation is proven.

According to paragraph 23 of Resolution No. 5/29, by virtue of paragraph 3 of Article 1250 of the Civil Code of the Russian Federation, the absence of guilt of the violator does not relieve him of the obligation to stop violating intellectual rights, and also does not exclude the application of measures against the violator aimed at protecting such rights.

Courts should keep in mind that this rule is applicable to methods of protecting the relevant rights that are not related to measures of liability. Liability for violation of intellectual rights (collection of compensation, damages) arises in relation to Article 401 of the Civil Code of the Russian Federation.

In accordance with paragraphs 1 and 2 of Article 401 of the Civil Code of the Russian Federation, a person is recognized as innocent if, with the degree of care and prudence required of him by the nature of the obligation and the conditions of turnover, he took all measures for the proper fulfillment of the obligation. The absence of guilt is proven by the person who violated the obligation.

The UEZ Company proved in the court of appeal that it was not guilty before the plaintiff.

Under such circumstances, the appellate court came to a reasonable conclusion that there were no grounds for collecting compensation from the UEZ company.

Resolution of the Intellectual Rights Court of October 1, 2015 No. S01-815/2015 in case No. A40-190488/2014

I agree that the UEZ society is innocent. I am just not satisfied with the conclusion of the SIP that the absence of guilt exempts the UEZ company from liability. At least because it is clearly against the law.

Maybe the point is that the current version of clause 3 of Art. 1250 of the Civil Code, which directly introduces innocent liability when carrying out business activities, came into force only on October 1, 2014, while the violation was committed back in 2012?...

How the issue of guilt regulated when carrying out business activities before October 1, 2014?

In my opinion, the conclusion of the SIP should still have been the same - an innocent violation was subject to liability even before the new edition of clause 3 of Art. 1250 Civil Code of the Russian Federation. The reason for this was simply the explanations of the higher courts, and not a direct indication of the law.

So, earlier, before October 1, 2014, clause 3 of Art. 1250 of the Civil Code of the Russian Federation was in effect as follows:

“The absence of guilt of the violator does not relieve him of the obligation to stop violating intellectual rights, and also does not exclude the application of measures against the violator aimed at protecting such rights. In particular, the publication of a court decision on a violation (subparagraph 5 of paragraph 1 of Article 1252) and the suppression of actions that violate the exclusive right to a result of intellectual activity or a means of individualization or create a threat of violation of such a right are carried out regardless of the guilt of the violator and at his expense.”

From this text it was absolutely impossible to draw a conclusion about whether an innocent violation committed during business activities was subject to liability. The highest courts had to deal with this issue - they gave their answer in paragraph 23 of the joint resolution No. 5/29:

“By virtue of paragraph 3 of Article 1250 of the Civil Code of the Russian Federation, the absence of guilt of the violator does not relieve him of the obligation to stop violating intellectual rights, and also does not exclude the application of measures against the violator aimed at protecting such rights.

Courts should keep in mind that this rule is applicable to methods of protecting the relevant rights that are not related to measures of liability. Liability for violation of intellectual rights (collection of compensation, damages) arises in relation to Article 401 of the Code .

What does Art. tell us? 401 of the Civil Code of the Russian Federation? According to the general rule, “A person who fails to fulfill an obligation or fulfills it improperly is liable if guilty ” (Clause 1 of Article 401 of the Civil Code of the Russian Federation). At the same time, in paragraph 3 of Art. 401 of the Civil Code of the Russian Federation clearly establishes the principle of innocent liability when carrying out business activities:

“Unless otherwise provided by law or contract, a person who fails to fulfill or improperly fulfills an obligation when carrying out entrepreneurial activities is liable unless he proves that proper fulfillment was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions.”

By the way, the new edition of paragraph 3 of Art. 1250 of the Civil Code of the Russian Federation seems to be nothing more than a specification of the general provisions set out in Art. 401 Civil Code of the Russian Federation.

Thus, it was possible to recover compensation for an innocent violation while carrying out business activities on the basis of clause 3 of Art. 401 of the Civil Code of the Russian Federation, albeit through such a complex chain of arguments.

This conclusion was directly confirmed in the well-known Ruling of the Supreme Arbitration Court of the Russian Federation in the Perekrestok case:

“In accordance with paragraph 3 of Article 401 of the Civil Code, unless otherwise provided by law or contract, a person who fails to fulfill or improperly fulfills an obligation when carrying out business activities is liable unless he proves that proper fulfillment was impossible due to force majeure, then there are extraordinary and unavoidable circumstances under the given conditions. Such circumstances do not include, in particular, violation of obligations on the part of the debtor's counterparties, lack of goods on the market necessary for execution, or lack of necessary funds from the debtor.

Circumstances indicating the presence of guilt in the actions of the Perekrestok company, or circumstances indicating the defendant’s awareness that in the printed materials distributed, in particular in the TV Park magazine, there are objects of intellectual rights that are posted without proper permission copyright holder, are not included in the case materials.

At the same time, the activities of the Perekrestok company are entrepreneurial and are carried out taking into account the risks and possible negative consequences inherent in it. Consequently, the Perekrestok company may be held liable for violation of intellectual rights in relation to paragraph 3 of Article 1250 and paragraph 23 of the joint Resolution of the Plenums No. 5/29 and in the absence of its guilt “

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 20, 2012 N 8953/12 in case N A40-82533/11-12-680

Conclusion or “as it should have been”

The motivation of the SIP, set out in the Resolution No. S01-815/2015 dated October 1, 2015, is most obviously illegal. Both from the point of view of the current law and from the point of view of the law in force at the time the violation was committed (2012).

But. However, it seems fair. Indeed, the circumstances of the case simply “scream” that the UEZ society is in no way innocent of the violation committed, since it produced DVDs with a recording of the film “A Short Course in a Happy Life” upon request. And the customer placed an order on the basis of a license agreement, which was subsequently recognized as not concluded. The agreement, of course, was declared invalid after the production of the controversial DVDs.

“The case materials confirm that the UEZ company carries out its activities in the reproduction (production of copies) of audiovisual works and phonograms on any type of media on the basis of a license dated 09.21.2007 N VAF 77-17 in accordance with Federal Law dated 05.04.2011 N 99 -FZ “On licensing of certain types of activities”, as well as the Decree of the Government of the Russian Federation of April 28, 2006 N 252 “On licensing of activities for the production of audiovisual works, programs for electronic computers, databases and phonograms on any type of media” adopted in accordance with it (except for cases where the specified activity is independently carried out by persons who have the rights to use the specified objects of copyright and related rights by virtue of a federal law or treaty" (as amended in force until March 26, 2014), which stipulates that the manufacturer of the circulation of documents confirming the rights customer of the circulation for the production of copies of audiovisual works.

When placing an order to reproduce the film, the New Disk-Trade company provided the UEZ company with a copy of the license agreement dated 04/30/2012 N LZ30/04/12-IZM, concluded between the Izyum company (licensor) and the New Disk-Trade company » (licensee), granting the right to use the film under an exclusive license, including by playing it on optical media in DVD-ROM format; act of acceptance and transfer of source materials dated 04/30/2012 to the specified license agreement.

The court of appeal did not establish that the UEZ company violated the norms of current legislation when accepting an order for the reproduction of media with a recording of the film.

The appellate court did not accept the argument of the Red Square company that the license agreement dated April 30, 2012 N LZ30/04/12-IZM between the Izyum company and the New Disc-Trade company was not concluded, which, according to it opinion, is confirmed by the decision of the Moscow Arbitration Court dated December 20, 2013, which entered into legal force in case No. A40-76067/2013 (which, by virtue of Part 2 of Article 69 of the Arbitration Procedural Code of the Russian Federation, has prejudicial significance for this dispute), since the UEZ company does not was a person involved in the said case.

In addition, the appellate court noted that the UEZ company, when producing the circulation of the controversial film (April - May 2012), could not have known that after a year and a half (December 2013), the license agreement provided by the New Disk Trade company will be declared non-concluded."

If the UEZ company is completely released from liability, then this must be done differently, and not by referring only to the absence of guilt. Since, taking into account the current law, in the absence of guilt of the UEZ company, the court still had to recover compensation from it, albeit in a minimal amount. This was “not difficult” to do, given the opportunity provided to the UEZ company to make a recourse claim against the customer of the disks (clause 4 of Article 1250 of the Civil Code of the Russian Federation).

I think that the SIP could have achieved the same result if it had determined that the actions of the UEZ company do not constitute the distribution and/or reproduction of counterfeit discs in the sense of Art. 1270 GK. The person who carried out such reproduction/distribution in this case is only the customer of the discs.

The basis for this conclusion may be the position of the Supreme Court regarding printing houses, formulated back in 2006:

“The proper defendant in a case for the protection of copyright and (or) related rights is the person who carried out the action to use objects of copyright or related rights in accordance with Articles 15, 16, 37, 38, 40, 41 of the Law of the Russian Federation “On Copyright” and related rights." For example, an organization engaged in publishing activities that provided the printing house with the original layout of a work for printing a book will be the proper defendant in the event of a violation of the rights of the author of the work.

The printing house in this case provides only technical assistance in publishing the book. However, if the printing house, on its own initiative, exceeds the ordered circulation of the work, then in this case it will be liable for copyright infringement.”

Clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2006 No. 15 “On issues that arose in the courts when considering civil cases related to the application of legislation on copyright and related rights”

As I wrote earlier, the Supreme Court proceeds from a clear understanding that not all persons involved in one way or another in the distribution of counterfeit goods are subject to liability. And the court’s emphasis was placed precisely on the nature of the person’s participation, and not on his guilt. Thus, the Supreme Court determined that the actions of the courier solely to deliver the book from the seller to the buyer do not constitute the use of the works contained in it, specified in subsection. 2 p. 2 art. 1270 Civil Code of the Russian Federation.

Thus, the SIP could recognize that the UEZ society provides only technical assistance in the production of discs, which does not constitute the reproduction/distribution of the film “A Short Course in a Happy Life.” And the absence of guilt of the UEZ company would be an additional argument to confirm the position that its role was reduced only to this very technical assistance.

Moreover, in several of its decisions the Council of IP has already discussed the application of the above position of the Supreme Court.

What is the difference between mental retardation and mental retardation?

Mental retardation, or mental retardation, is associated with brain damage. The reasons for such a lesion can be very diverse, but they are always medical in nature. Social factors do not influence the development of mental retardation in any way, unlike mental retardation.

Children with mental retardation are able to keep no more than two or three objects in the focus of attention. Children with mental retardation are able to keep a larger number of objects in the focus of attention.

Their play activities also differ. Mentally retarded children experience stuckness at the stage of objective action. That is, the child learns to act with an object, to use it purposefully, but his imagination and transition to story-based games do not develop. In children with mental retardation, development stops at the stage of story-based games and does not move to the role-playing level without special training. That is, the child is already beginning to show imagination and come up with a story for his game, but his development does not allow him to move to a more complex and developed level of fantasy and interaction.

Copyright

Clause 1 of Article 1259 of the Civil Code of the Russian Federation does not contain an exhaustive list of copyright objects.
Copyright may include the result of intellectual activity if it was created by creative work . At the same time, “the mere lack of novelty, uniqueness and (or) originality of a result of intellectual activity cannot indicate that such a result was not created by creative work and, therefore, is not the object of copyright.”

The following are not protected by copyright (clause 5 of Article 1259 of the Civil Code of the Russian Federation): “ideas, concepts, principles, methods, processes, systems, methods, solutions to technical, organizational or other problems, discoveries, facts, programming languages. For example, a chess game or teaching methods are not protected by copyright.”

The creative nature of a work does not depend on whether the author created it with his own hands or using technical means.
Moreover, if works are created using technical means, but are not of a creative nature, then they are not objects of copyright. For example, photo and video recording of surveillance cameras taken in automatic mode. Unfinished works are also subject to protection.

Copyright extends to any part of the work subject to the following conditions:

• They retain their recognition as part of the work even when used separately from the work;
• They can be recognized as the result of the author’s creative work in themselves, separately from the entire work.

Such parts of works may include, in particular, the titles of the work, its characters, excerpts from the text, stills from the film, etc.

Danger of mental retardation

By and large, mental retardation does not pose a threat to the life and health of either the child himself (unless it is a consequence of a serious illness) or those around him. In this case, it is more correct to talk about the difficulties and inconveniences that may arise for children with mental retardation and their environment.

Children with mental retardation find it more difficult to adapt to society and have learning difficulties. If mental retardation is not corrected, this can lead to loss of educational motivation and social maladjustment. Every year it will be more and more difficult for the child to be with peers, he will remain in the same class for the second year, his behavior will continue to remain at a low level of development.

As for others, if a child with mental retardation ends up in a regular class of a general education school, and no corrective measures are applied to him, then this may interfere with the learning process of other children. Children with mental retardation are often distracted in class and can distract the teacher and other children. They may play during class or get up and walk around the room without the teacher's permission. All this complicates the educational process and can cause a negative attitude towards such a student both from teachers and from classmates.

That is why it is recommended to send the child either to special classes, or to carry out correctional measures before the start of education, so that the child himself can easily adapt to the school environment and does not complicate the learning process of other children.

About free quotation of a work

When applying the provisions of paragraph 1 of Article 1274 of the Civil Code of the Russian Federation, you must remember:

• Free quotation of any work, including photographic work, is allowed, “if this work was lawfully published and if the quotation was carried out for the purposes and to the extent specified in this norm”;
• A periodical printed publication (subclause 3 of clause 1 of Article 1274 of the Civil Code of the Russian Federation) means a newspaper, magazine, almanac, bulletin, other publication that has a permanent name (name), current issue and is published at least once a year. This also includes the reproduction of articles in an online publication or in another specified in paragraph 3 of Art. 2 of the Law of the Russian Federation “On the Mass Media”, a form of periodic dissemination of mass information under a permanent name (title), which is not a periodical printed publication.

As a general rule, articles on current economic, political, social and religious issues can be freely quoted unless otherwise expressly stated by the author or copyright holder. Whether a specific article belongs to this category of articles, the court can determine without the use of special knowledge, i.e. without examination.

As for the free use of a work that is permanently located in a place open to the public (Article 1276 of the Civil Code of the Russian Federation), one must take into account:
“The Internet and other information and telecommunication networks do not belong to places open to the public.”

Treatment methods

After diagnosing the condition, depending on the indications, the specialist can prescribe drug therapy, but the most important thing is that he connects the child to a system of psychological and pedagogical assistance, which includes correctional classes, in most cases, with three specialists. This is a defectologist, speech therapist and psychologist. Very often one teacher has two specializations, for example, a speech therapist-defectologist. Help from these specialists can be obtained at correctional centers or within a preschool educational institution. In the latter case, the child, accompanied by his parents, must undergo a psychological, medical and pedagogical commission. Early identification and timely connection of a child to psychological and pedagogical correction directly affect the further prognosis and level of compensation for identified developmental disorders. The sooner it is identified and connected, the better the result!

On the responsibility of an information intermediary

Whether a specific person is an information intermediary is determined by the court, taking into account the nature of the activities of this person.
Information intermediaries are liable when there is fault. The site owner must prove that the materials on his resource were posted by third parties, and not by himself , that is, that he is an information intermediary.

In the absence of such evidence, it is presumed that the owner of the site is the person directly using the corresponding results of intellectual activity or means of individualization.

Significant processing of the material and (or) receipt of the indicated income by the site owner may indicate that he is not an information intermediary, but a person directly using the corresponding results of intellectual activity or means of individualization.

If the site owner makes adjustments to material illegally posted by third parties, then the issue of classifying him as an information intermediary is decided depending on the degree of activity in the formation of posted materials and whether he received income from it.

How to prevent mental development problems

Good and effective prevention of childhood mental retardation is based on the early and comprehensive development of children. In general, medical experts advise the child’s parents to adhere to the following simple rules in order to prevent mental retardation.

• It is necessary to create optimal conditions for a woman’s successful pregnancy and childbirth.
• In a family where a small child is growing up, a favorable and friendly environment must be created.
• If the baby develops any diseases, they must be treated in a timely manner.
• From the first days after birth, the baby’s condition must be carefully monitored.
• From an early age, you need to constantly work with your baby, developing abilities and skills.

In the prevention of mental retardation in children, contact between mother and baby on an emotional and physical level is of great importance. The child will feel calm when his mother hugs and kisses him. Thanks to attention and care, the baby better navigates his new surroundings and learns to adequately perceive the world around him.

We would also like to recommend educational rugs - your child will definitely love them!

What are the types of intellectual property rights violations – and how can you defend yourself?

Are you a talented programmer? Photographer? Designer? Or maybe you are translating foreign literature? Entrepreneur? Composer?

Anyone can find themselves in a situation where their intellectual property rights are violated. What to do if your idea was literally stolen by someone? Or maybe they are making claims against you that you borrowed someone else’s idea or design? We will talk about a relatively new and actively developing area of ​​Russian legislation - intellectual property.

What is intellectual property? This is always some result of any creative activity: inventions, literary works, trademarks, etc.

Intellectual property is divided into two categories:

• industrial property (patents for inventions, trademarks, industrial designs, geographical indications);
• copyright (literary works, films, music, artistic works, architectural projects) and related rights (performers and works performed by them, television programs, rights of phonogram producers to their recordings)

Intellectual property allows you to extract value from a creative product. Agree, it’s hard to imagine the multi-billion dollar profit of a publishing house or production center without copyright protection? And researchers and inventors would have no incentive for further development. The absence of trademark protection would mislead consumers and legalize the spread of counterfeit products.

In this regard, the most common disputes in the field of intellectual property are:

• disputes related to the protection of the rights of the patent holder;
• disputes related to the protection of copyright and related rights;
• disputes related to the protection of trademark rights;
• disputes related to the protection of rights to an industrial design;

So-called domain disputes – these are disputes related to the use of domain names – are gaining increasing popularity in the courts. Their use is regulated by other rules due to the fact that the Civil Code of the Russian Federation does not consider them as objects of intellectual property. Separate rules and regulations apply in the areas of trade secrets (know-how), databases and software.

We must not forget about official works. Many disputes considered by the courts are related to the protection of rights to created works as part of labor or official activities. For example, who will own the rights to a house project created by a designer if the designer created it at the request of a client and at the same time works in an architectural bureau? What if you are a photographer or correspondent working for some publication? These aspects, of course, require comprehensive consideration and study in each specific case.

I would like to draw attention to the fact that intellectual property itself cannot be transferred. Only the rights to it can be transferred, primarily the exclusive right. And here, too, there are many pitfalls associated with the registration of the transfer of exclusive rights. In most cases, such transfer is carried out by agreement. You can transfer rights completely, or provide only the right to use, reserving the exclusive right for yourself.

Like other rights in civil law, an exclusive right can be inherited. Inheritance of trademarks is now becoming an increasingly pressing topic. Again, there are specific features and rules that must be taken into account. For example, only one person can inherit a trademark and, if this is an individual, then he must have the status of an individual entrepreneur.

Violation of intellectual property rights entails civil, administrative and, in some cases, even criminal liability. For example, from persons who illegally use a trademark, you can recover from 10,000 to 5,000,000 rubles, or compensation in the amount of twice the cost of the goods on which the trademark is illegally placed, or in the amount of twice the cost of the right to use the trademark, determined based on the price , which under comparable circumstances is usually charged for the lawful use of a trademark (Article 1515 of the Civil Code of the Russian Federation). In some cases, persons illegally using a trademark may be subject to criminal punishment in the form of imprisonment for up to 5 years (Article 180 of the Criminal Code RF).

In conclusion, I would like to remind you of the need to contact a specialist if you identify the slightest violation of your rights or a potential threat thereof. When investing money and your creative work in business, do not forget about your rights. Trust a specialist to solve your problems. Contacting a lawyer will allow you to minimize the risks of a negative outcome of the dispute and take all necessary actions in a timely manner in order to achieve the most positive result.

You can contact us regarding any issues of intellectual property rights violation by calling the phone number listed on the website!

Lawyer Summa Natalya Vladimirovna