Эволюция правовой модели защиты интеллектуальной собственности

Вопросы российского и международного права. 2023. Т. 13. № 11-1. С. 207–212.

Новиков А. В., Yagunova E. E.

The paper raises the issue that modern decisions in the field of intellectual property often do not correspond to generally accepted practice, which indicates the influence of political ideology on judicial decisions. It is shown that the current regulatory system in this area does not reflect modern scientific achievements and changes in the economy, especially in the digital sphere. This leads courts to focus on more obvious factors, such as the state of the economy, politics and society. In such conditions, it becomes important to search for a new paradigm for the protection of intellec tual property, taking into account the increasing influence of ideological factors on decisions made. The authors also note that existing rules and regulations in the field of intellectual property may limit the development of innovation and technology, since they do not always correspond to the dynamics of the modern world. For example, new forms of creation and distribution of intellectual property are emerging in the digital sphere, which require new approaches to copyright and patent protection. In order to strike a balance between protecting intellectual property rights and stimulating innovat io n, it is necessary to review existing legal norms and bring them into line with modern realities. This may require the development of new laws, taking into account the interests of all parties - authors, consumers, companies and society as a whole. It concludes that it is necessary to update the intellectual property regulatory system to take into account the rapidly changing economic and technological environment in order to ensure effective protection of intellectual property rights and stimulate innovation.

Keywords: правовое регулирование, интеллектуальная собственность, патентное право, международное право, правоприменение