Contents of the concept of intellectual property in the constitutional section: the experience of foreign countries

Abstract

The article examines modern trends in the constitutional and legal protection of intellectual property with the help of a comparative analysis of the development of the legal institution of intellectual property. It is concluded that the need to ensure the rights of citizens, national security, and the creation of an innovative economy determine the directions of world constitutional development, one of which is the constitutionalization of the legal institute of intellectual property. There are two main methods of constitutionalization: legislative and interpretive. The subjective constitutional right to intellectual property performs a special "social function", which consists in ensuring an optimal balance between private and public interests. Constitutionalization is a global trend in the modern development of states and is expressed in the universalization and intensification of the influence of constitutional values on the institutions of different legal systems, which significantly contributes to their convergence. The conclusion that intellectual property is part of the basic constitutional principles of many foreign states. Therefore, among the foundations of the constitutional system, a new principle related to the development of intellectual property relations should be highlighted, including their stimulation, encouragement, guarantee and support in order to achieve economic and social progress of society aimed at building an innovative (based on the knowledge economy) state. Objectively existing differences between states in the tasks of constitutional regulation, the level of development of intellectual property relations and the degree of their regulation in the current legislation, in the observance of the traditions of constitutional regulation and the propensity of the constitutional legislator to include modern novelties from the constitutions of other countries give rise to new approaches to the constitutional regulation of intellectual property relations, and also entail the emergence of «mixed» models. All this makes the issue of constitutional regulation of intellectual property rights an interesting and promising object of scientific research.