Legal Standards of Free Utilization of Intellectual Property in the Sphere of Digital Economy

T.V. Shatkovskaya, T.V. Epifanova, A.N. Pozdnishov, N.V. Fedorenko
European Research Studies Journal, Volume XXI, Special Issue 1, 25-33, 2018
DOI: 10.35808/ersj/1155


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.

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