THE LEGAL NATURE OF CERTAIN INTELLECTUAL ACTIVITIES

Today we can say with confidence about the close relationship between intellectual property rights and the Internet in the light of the current trend of accelerating the development of these relations, globalization and informatization of all spheres of society. Legislative establishment of a closed list of the results of intellectual activity and means of individualization, as well as an unclear, blurred definition of these results (for example, works of science, literature and art, which can include any result of a person’s intellectual, creative activity and falling under one of the areas of intellectual activity: science, literature, art) is focused on the possibility of the appearance of new types of such activities that did not exist before and their legal protection. So, on the one hand, the list of results of intellectual propertyis considered incomplete, this is confirmed by the Convention establishing the World Intellectual Property Organization, to which the Russian Federation is a party, on the other — the Civil Code of the Russian Federation officially establishes that it is closed. This situation gives rise to a contradiction. Timely adjustment of the issue of regulation of the relations in question should be a logical step towards the unification of civil law norms at the Russian and international levels. In addition, it will help solve many problems in various spheres of society, related to private legal realities. Meanwhile, at present, jurisprudence is developing along the way of the formation of certain legal representations about sites, the legal nature of hyperlinks, embed and framing, technology repost as objects of intellectual activity through judicial practice.

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Mardieva E. R., Yahina R. R. The legal nature of certain intellectual activities // Business. Education. Law. 2018. No. 4 (45). Pp. 319–325. DOI: 10.25683/VOLBI.2018.45.454.