Цифровая форма объекта интеллектуальной собственности как способ повышения его конкурентоспособности

Abstract

Relevance. To analyze the problems of legal status’ determination of intellectual property objects’ in digital form in the framework of valid civil legislation. The study tested the admission of different basis for regulation of the intellectual property objects’ possession and use in the digital and analog form. Methodology: the methodological basis of the article is formal-logical law research method. Results. The author concludes that intellectual property objects in digital form exist only in Internet that give for its possessors more opportunities for digital contact distribution. Moreover digital form of the intellectual property object influences on the marketability of digital product in respect of broad list of methods’ use of this product and reduction of its cost in comparative with the analog object. The research provided digital and analog forms of the intellectual property objects are not the same as a whole in spite of its content unity. The author makes a conclusion that such categories as «original work» and «sample of work» can’t be used to the digital form of the intellectual property objects, because the objects in digital form are only the copies of the original work. Therefore legal regulation of the intellectual property objects depends on its forms. The author suggests considering license agreement made on form of click-wrap-agreement as application of the intellectual property objects in digital form. Discussion. The conclusions of the study can be used as a basis for further researches and lawmaking.