Роль конституционного правосудия в развитии права интеллектуальной собственности
The relevance of the topic is determined by the growing importance of intellectual property for the development of society and economy, as well as contradictorytrends in the legal regulation of this sphere in the information society. Constitutional justice is becoming an important element that ensures balanced development of intellectual property rights at the present stage.
In promoting the universally recognized principle of equality and non-discrimination modern constitutional justice elaborates on the criteria of personal legal status admissible differentiation. Preferences given to some vulnerable groups of people in comparison with the majority may raise the issue of positive discrimination the origins and types of which are expounded in the article. The author gives a comparative analysis of different approaches to the issue in the practice of the Russian Constitutional Court, Supreme Court of the USA and the French Constitutional Council and shares her reflections on possible evolution of the problem.
The Russian Constitution reflects universally recognised consensus in the area of promoting the principle of equality and non-discrimination, enshrining main guarantees of equality of citizens regardless of their national and ethnic origins, gender, age, social and other status and other criteria. The Constitutional Court's case-law develops and clarifies these basic provisions enriching them by criteria of admissible differentiation of legal status. Preferences given to some vulnerable groups of people im comparison with the general group may raise the issue of positive discrimination the origins and types of which are expounded in the report. The analysis is given of main situations where the Russian Constitutional Court faced that issue and the evolution of its cas-law on the matter, especially in the light of the European Court of Human Rights' approaches.
Introduction: efficient legal protection of intellectual outputs is essential for the dynamic development of modern society. The list of intellectual property objects is not intended to be exhaustive, separate outputs lose their relevance and become excluded from the list of protected objects, while new ones, on the contrary, are added to it. Purpose: this work aims to identify the tendencies regarding the extension of the range of intellectual property objects at the beginning of the 21st century, and to define the scientific and technological progress results that were granted protection under the influence of the Fourth Industrial Revolution and other factors. Methods: the method of formal logic, historical, comparative legal, systemic structural and formal dogmatic methods were used in course of the analysis. Results: international legal regulation does not provide clearly-defined guidelines to restrict the sphere of intellectual property. This factor undoubtedly contributes to expanding the list of its objects. At the beginning of the 21st century, law-based lists of copyrighted works did not include any new items. The institute of neighboring rights is most dynamically developing in the Law of the European Union. The Directive on Copyright in the Digital Single Market proposes recognizing two new neighboring rights. One of them is the right of the press publishers for online use of their publications by the news aggregators. The other neighboring right included into the draft Directive was the right to coverage of sporting events. However, in February, 2019, the provisions on this right were excluded from the Directive. In our opinion, biomedical cell products constitute new objects of civil circulation that require their own legal regulation as intellectual property constituents. Conclusions: intellectual property law cannot and should not undergo changes with the emergence of every new kind of objects. The contemporary challenge facing civil jurisprudence and the legislature is to formulate universal regulations that would make it possible to protect the rights of authors and developers of technological solutions even at the stage of experiments.
Companies are increasingly paying close attention to the IP portfolio, which is a key competitive advantage, so patents and patent applications, as well as analysis and identification of future trends, become one of the important and strategic components of a business strategy. We argue that the problems of identifying and predicting trends or entities, as well as the search for technical features, can be solved with the help of easily accessible Big Data technologies, machine learning and predictive analytics, thereby offering an effective plan for development and progress. The purpose of this study is twofold, the first is an identification of technological trends, the second is an identification of application areas and/or that are most promising in terms of technology development and investment. The research was based on methods of clustering, processing of large text files and search queries in patent databases. The suggested approach is considered on the basis of experimental data in the field of moving connected UAVs and passive acoustic ecology control.