ГЕНЕЗИС ПОНЯТИЯ «ИНТЕЛЛЕКТУАЛЬНАЯ СОБСТВЕННОСТЬ»

Abstract

The growing importance of intellectual property as an economic asset raises the issue of the content of intellectual property in the scientific discussions and the identification of scientific prerequisites for the formation and development of the intellectual property theory. The paper aims at the improvement of the conceptual and theoretical views on the economic category of intellectual property through establishing the dialectical interrelation with the concept of property. The authors propose considering intellectual property as a materially expressed result of the mental (intellectual) activity of a person, which invests its creator (author) or legal entities with the exclusive right for it, and it is confirmed by the relevant officially issued protection documents (patents or certificates) or statutory prescribed copyright norms. The research revealed the dichotomous nature of intellectual property. The study of property and intellectual property categories allowed establishing their dialectical opposition in terms of materiality and possibility of copying a legal object, the urgency and territorial limitation of property rights, and, most important, the dynamics of value in the process of consumption. However, the property and intellectual property categories also have a dialectical unity, which is not noted in the scientific literature. It is expressed in the mechanism of origin of property rights (in both cases, they are related to the problem of limited resources resulting in the necessity to choose the variant of an asset use), and in the mechanism of application of these rights, associated with the presence of both the right and the restrictions of this right, as well as liabilities of a copyright holder.