Legal standards of free utilization of intellectual property in the sphere of digital economy

The aim of the article is the development of legal standards of free utilization of intellectual property, which will become the basis for the new complex legislative regulation of relationships, that has been arisen due to the development of digital economy. Conceptual basis for the new institutional environment can be represented by the theory of free culture, practical implementation of which provides the transition from agreement-based monopolistic rhetoric towards free utilization of the results of intellectual activity in the cyber environment. We conclude the need to define the legal regime for intellectual property, dependent on its intended use into commercial and non-commercial. We propose to free the sphere of non-commercial from as many legislative barriers as possible. We also propose to widen the use of simplified registration procedures with the participation of commercial organizations, as well as intellectual property (IP) data bases. The preservation of copyright in this sphere is sensible. The principles of equity, fairness should be fundamental institutions for the free utilization of IP. Authors propose the most open and vast rules of communication within the digital environment, which have evolved naturally. Separate standards exists in the form of concepts requiring practical implementation, others have been legally enforced, such as the priority of market mechanisms over government regulation of Internet, principle of balance of right-holders and users. Absence of unified standards of synchronization of digital hardware and high cost of automated systems of control with exclusive rights within the Internet network (e.g. Swiss DRM) oppose the development of digital economy. The results of the study can be used in further development of the stated problems.peer-reviewe

The application of legal-statistical method in analysing manufacturing property’s institutional development

Purpose: The study defines the specifics and opportunities, that arise due to the application of statistical method in judicial research of manufacturing property. Design/Methodology/Approach: The authors put the ground of the study on the aggregation of a vast spectrum of statistical data and indicators of patent activity of leading countries in the sphere of technological innovation. Findings: The authors outlined the main tendencies of legal regulation of scientific and artistic results of intellectual property development and define the specifics and opportunities that arise due to the application of statistical method in judicial research of manufacturing property. Lack of coordination of approaches to protect manufacturing property on the international level, obstructs the development of patent activity amongst the members of the Paris Convention and significantly reduces the effectiveness of the current patent system. Practical implications: Authors' development could be utilized in future developments of Russian institute of manufacturing property and its legal framework. Originality/Value: The contribution of the article is the comprehensive analysis of legal background of intellectual property institute and its development prospects.peer-reviewe

The problem of individualization of legal entities in terms of innovative development of the Russian Federation and the European Union economy

This article is a comprehensive analytical study of the problem of individualization of legal entities in terms of innovative development of the Russian Federation and the European Union. Using the latest methodology of scientific research, the authors provide a justification of the legal institution of individualization, as well as offer a wide range of means of individualization of innovation actors and participants, including in the virtual space of the Internet.peer-reviewe

Impact of technological blockchain paradigm on the movement of intellectual property in the digital space

The article is dedicated to investigate the problem of influence of cutting edge digital technology on the virtual and real legal relations, related to the movement and the turnover of intellectual property. Using the method of analyzing modern definitions of blockchain, and relying on the political-economic theory of social redistribution of wealth, authors define the term blockchain and its principles as a technological paradigm. Authors conclude the fact that blockchain can be used to guarantee intellectual property rights and it should be accepted at the national level. As a mechanism of a trusted environment, blockchain allows to reduce transaction costs and increase the level of commercialization of intellectual property.peer-reviewe