PROTECTION OF INTELLECTUAL PROPERTY IN DEVELOPMENT CONDITIONS OF THE INFORMATION SOCIETY

Authors

DOI:

https://doi.org/10.15407/scine17.01.103

Keywords:

intellectual property, information, virtual, copyleft, and electronic library

Abstract

Introduction. The development of the information component of society, the extensive use of technologies aiming at the free access, use and transfer of information, significantly affects the intellectual property sphere.

Problem Statement. The purpose is to form a balanced model of the interests of society and the creators of the intellectual property.

Purpose. To reveal the problems of the protection of intellectual property rights in development conditions of the information society, to define the correlation model of public interests and those of creators in the use of objects of intellectual and creative activity. 

Materials and Methods. General scientific and special legal methods were used to research legal phenomena and categories.

Results. It is proved that the subject’s monopoly right for the intellectual property requires significant restrictions, both in time and in spatial dimensions, in the conditions of information society, development of scientific and technical activity.  It emphasizes the fact that it is impossible to safeguard intellectual property in the modern information environment, other than through increased accountability measures. It is determined that the paradigm of the legalization model for the use of intellectual property objects in information networks and systems, may be the payment model for their free use, the analog of which has been used for a long time by radio and television organizations or other similar users.

Conclusions. The right to information and other non-proprietary information rights are not only rapidly developing, but also in the last few years are very closely associated with problems arising from the development of information technology and artificial intelligence. These processes should be taken into account in developing legislation right now, remembering that the legal legalization of processes taking place in society in the process of developing the information society should be based on the well-being of people as the highest dignity.

Introduction. The development of the information component of society, the extensive use of technologies aimed at the free access, use and transfer of information, significantly affects the intellectual property sphere.

Problem Statement. To form a balanced model of the interests of society and the creators of the intellectual property.

Purpose. To reveal the problems of the protection of intellectual property rights in development conditions of the information society, to define the correlation model of public interests and those of creators in the use of objects of intellectual and creative activity. 

Materials and Methods. General scientific and special legal methods were used to research legal phenomena and categories.

Results. It is proved that the subject’s monopoly right for the intellectual property requires significant restrictions, both in time and in spatial dimensions, in the conditions of information society, development of scientific and technical activity.  It emphasizes the fact that it is impossible to safeguard intellectual property in the modern information environment, other than through increased accountability measures. It is determined that the paradigm of the legalization model for the use of intellectual property objects in information networks and systems, may be the payment model for their free use, the analog of which has been used for a long time by radio and television organizations or other similar users.

Conclusions. The right to information and other non-proprietary information rights are not only rapidly developing, but also in the last few years are very closely associated with problems arising from the development of information technology and artificial intelligence. These processes should be taken into account in developing legislation right now, remembering that the legal legalization of processes taking place in society in the process of developing the information society should be based on the well-being of people as the highest dignity.

References

Anti-Counterfeiting Trade Agreement (ACTA). (2011). URL: https://ustr.gov/acta (Last accessed: 02.11.2020).

European Parliament rejects ACTA. (2012). URL: https://www.theverge.com/2012/7/4/3136773/acta-no-vote-eu-parliament-meps (Last accessed: 02.11.2020).

Joint statement on the Anti-Counterfeiting Trade Agreement (ACTA) from all the negotiating partners of the agreement (2012). URL: https://ec.europa.eu/trade/policy/accessing-markets/intellectual-property/index_en.htm (Last accessed: 02.11.2020).

Prorokov, G., Smirnov, A. (2019). 14 words that science fiction writers came up. URL: http://www.lookatme.ru/mag/live/things/213903-sci-fi-words [in Russian]. (Last accessed: 02.11.2020).

Khritsynov, A. A., Halkyn, D. V., Karpenko, Y. D. (2003). Virtual reality // Newest philosophical dictionary (Comp. and ed. Khritsynov, A. A.). Р. 171–173 [in Russian].

Kheilz, N. Ketrin. (2013). How we have become a post-humanity. Virtual technology in cybernetics, literature and information science. Series of changes in the pradigma, 9–19 [in Ukrainian].

Sterlynh, Brius (2007). Schizmatrix. Saint Petersburg: Domino [in Russian].

Posthumanism. (2019). URL: http://www.posthumanism.com (Last accessed: 02.11.2020).

Bukker, I. (2019). Albertus Magnus: The holy alchemist from Cologne. URL: https://nasledie.pravda.ru/1134065-albert (Last accessed: 02.11.2020) [in Russian].

Intellectual property law: a textbook for students of higher education institutions. (2002). (Eds. Pidopryhoriy, O. A., Svyatotskiy, O. D.) Kyiv: “In Yure” [in Ukrainian].

Law of Ukraine on Copyright and Related Rights. (2001). URL: https://zakon.rada.gov.ua/laws/show/3792-12. (Last accessed: 02.11.2020).

Association agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. (2014). URL: https://zakon3.rada.gov.ua/laws/show/984_011 (Last accessed: 02.11.2020).

What is Copyleft? (2019). URL: https://www.gnu.org/licenses/copyleft.en.html (Last accessed: 02.11.2020).

Carver, Brian W. (2005). Share and Share Alike: Understanding and Enforcing Open Source and Free Software Licenses. URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1586574 (Last accessed: 02.11.2020).

Krowne, A., Puzio, R. (2006). The fog of copyleft. URL: https://firstmonday.org/ojs/index.php/fm/article/view/1368/1287 (Last accessed: 02.11.2020).

General statistics of the Library portal. (2019). Information resources of the portal. URL: http://www.nbuv.gov.ua/node/150 (Last accessed: 02.11.2020).

Litvinova, N. N. (2005). Scientific publications on the Internet: the ratio of limited (paid) and free access. URL: http://eqworld.ipmnet.ru/ru/info/sci-edu/Litvinova2005.htm (Last accessed: 02.11.2020).

Lynch, Clifford (2005). Where Do We Go From Here? The Next Decade for Digital Libraries". URL. https://library.educause.edu/resources/2005/1/where-do-we-go-from-here-the-next-decade-for-digital-libraries (Last accessed: 02.11.2020).

Additional Files

Published

2021-03-03

How to Cite

Kokhanovska, E. ., & Kodynets , A. (2021). PROTECTION OF INTELLECTUAL PROPERTY IN DEVELOPMENT CONDITIONS OF THE INFORMATION SOCIETY. Science and Innovation, 17(1), 103–112. https://doi.org/10.15407/scine17.01.103

Issue

Section

Legal Protection of Intellectual Property