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Применение технологии блокчейн в сфере интеллектуальной собственности: потенциал и возможные риски
Purpose: theoretical research of potential and possible risks of use of blockchain technology in the sphere of intellectual property. Methods: The research based on analyses of the intellectual property rights legislation, legal customs as well as the judicial practice. This article employs the comparative, analytical methods, system approach to address the question of whether the use of blockchain technology is possible for the managing and making transactions with intellectual property objects. Results: The use of blockchain does not fit into the current legal regulation, does not take into account the limitations of traditional legal regimes, and thus creates risks for intellectual property subjects. In particular, it creates the problem of turning tokenization of exclusive rights into a means of circumventing the restrictions that are established in the law in order to protect the public interests, rights and legitimate interests of copyright holders and third parties. Discussion: The solution to the problem is to give the distributed register a function of state registration of tokenized exclusive rights.