Депонирование как способ фиксации создания объектов авторских и смежных прав в сети «Интернет»

Abstract

In the modern world the problem of protecting copyright and related rights on the Internet is caused by the rapid development of digital technologies and the imperfection of legislative regulation on the protection of these rights. The most common violations of intellectual property rights on the Internet are plagiarism and piracy. Such violations are related to the difficulty of their identification by the copyright holder, as well as the difficulty of proving the ownership of copyright and related rights to the results of intellectual activity to a specific person. In the article, the author considers depositing as a modern and relevant way of recording the creation of the results of intellectual activity distributed on the Internet. Currently, many services (special platforms) on the Internet allow depositing objects of copyright and related rights. Most of these services use blockchain technologies, which are distributed registry technologies. In practice, the use of such technologies causes certain difficulties, since there is no legal regulation of these technologies at the legislative level. Records in the blockchain certify the existence of the owner's rights to digital assets. Such records are called tokens and contain information about the copyright holders for the results of intellectual activity. At the legislative level, the deposit of the results of intellectual activity is not mandatory and is not regulated by law. In addition, the deposit does not confirm the authorship of a particular person for an object of copyright or related rights. In order to fix the creation of the results of intellectual activity in the digital environment and protect copyright and related rights, confirm authorship of such results, the author proposes to create a publicly available All-Russian register of intellectual rights as an unified register of intellectual activity results, the maintenance of which can be attributed to the competence of Rospatent.