Properties of the Results of Intellectual Activity

Abstract

The article discusses some features of intellectual property rights, which, according to the author, determine or should determine the features of legal regulation in the relevant field. The author reveals that the main motives that guide both the legislator in the formation of legal regimes for the results of intellectual activity, and the law enforcement officer in assessing the content of the established rules, lie in the sphere of Economics. The researcher reveals that the most significant properties of intellectual property objects are those properties that determine the ability of the object to participate in civil turnover. At the same time, the author notes how the actual characteristics of the results of intellectual activity are ignored, for example, in the field of copyright, related to such a property as artistic value. This approach leads to an underestimation of the requirements for qualifying the results of intellectual activity as subject to legal protection. Accordingly, this approach leads to an unjustified establishment of legal protection for mediocre, not able to benefit society, and in some cases the rightholder as well, intellectual property objects with fairly wide boundaries of the rights of the rightholder, which are ultimately implemented improperly. Excess marketability of the exclusive right is assessed as the main negative trend. The researcher makes an assumption in the context of copyright that further refusal to take into account the natural properties of this type of intellectual activity results in the long term can lead to a decline in the General cultural level of society. The author defines as a particular result of the dominant economic motives in the formation of legal regimes for the results of intellectual activity ignoring the results of scientific activity by its nature not capable of participation in civil turnover, but conceivable to protect the result of intellectual activity. The author offers a number of solutions to the problems posed in the article on the basis of the analysis.