ЦИФРОВЫЕ ИНСТРУМЕНТЫ ЗАЩИТЫ ПРАВ НА ИНТЕЛЛЕКТУАЛЬНУЮ СОБСТВЕННОСТЬ: НА ПРИМЕРЕ БЛОКЧЕЙН И ИСКУССТВЕННОГО ИНТЕЛЛЕКТА

Abstract

Introduction: the article is devoted to the analysis of digital tools, namely blockchain and artificial intelligence systems, used to protect the rights and legitimate interests of authors on the Internet; the focus of the study is on the application of these technologies as auxiliary tools in international commercial arbitration. The concept of Intellectual Property (IP) has been around for centuries. The established practices in creators’ protection, sharing of created works, transfer, and licensing were developed based on the ‘analog world’ of printing presses and labor-intensive manufacturing. The active development of information and communication technologies has changed the situation radically. In the era of global digitalization and the rapid spread of the Internet, cases of illegal use, copying, and distribution of protected objects of intellectual property have reached colossal proportions, which poses a threat not only to the authors themselves but also to global economic development in general. This situation leads to a large number of disputes, both national and cross-border, in the field of protection of rights to the intellectual activity results. Purpose: to analyze the impact of digitalization processes on violations arising in relation to intellectual property objects on the Internet; to identify the possible consequences of the development and implementation of artificial intelligence and blockchain systems for the effective protection of rights to the results of intellectual activity by international commercial arbitrations. Methods: empirical methods of comparison, description, interpretation; general and special scientific methods, including theoretical, formal-legal, methods of analysis and synthesis. Results: the study shows that global digitalization has significantly reduced the ability of creators and copyright holders to control the use of the results of intellectual activity and, in some cases, their ability to obtain information about how their works are used and their efforts are compensated for. As a result, at present the objects of legal protection do not serve the interests of the creators and copyright holders, which gives rise to a large number of disputes. Conclusions: the use of blockchain technologies and artificial intelligence by international commercial arbitrations in resolving disputes in the field of intellectual property helps to reduce the time necessary to obtain the requested data and to transfer documents and evidence, which assuredly reduces the possibilities of compromising justice. Existing databases of registered intellectual property objects based on blockchain technology protect the rights of the owner by tracking the timestamp and activity of the right holder, which helps to prevent any cases of violation of rights. In addition, blockchain and artificial intelligence technologies allow performing a number of tasks, such as digitization of existing paper systems, automation of document filing processes, ensuring faster information transfer.