Features of the Use of Digital Technologies in the Field of Protection and Turnover of Intellectual Rights

Abstract

Taking into account the regulatory legal framework that has been formed in recent years, in particular, the Federal Law of March 18, 2019. No. 34-FZ «On Amendments to Parts One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation”, etc., discusses the problems of using digital technologies, including digital assets, digital platforms in relation to the turnover of intellectual property rights to the results of intellectual activity and equated means of individualization of goods, works, services, enterprises and their protection, in particular, the problems of creating a register of intellectual property objects based on the blockchain system, features of the activities of individual participants in relations in the field of the Internet, as well as the relationship between the right to information in modern conditions and the rights of authors and other copyright holders to protected results of intellectual activity. Particular attention is paid to the problems of terminology in the digital environment, the concept and types of digital rights, including utilitarian digital rights, in relation to the results of intellectual activity, as well as the importance of the blockchain system and artificial intelligence in the creation of intellectual activity results, their turnover and protection, including objects, created at the expense of budgetary funds on the basis of Federal Law No. 456-FZ dated 22.12.2020 “On Amendments to Parts Two and Four of the Civil Code of the Russian Federation and Invalidation of Legislative Acts (Certain Provisions of Legislative Acts) of the Russian Federation”. The main problems that the use of digital technologies and the creation of unified registers of intellectual property rights objects are aimed at solving are highlighted. Among them are the problems of determining the rightholder, making accelerated transactions for the disposal of rights to protected objects and some mechanisms for their solution are proposed, in particular, the conclusion that it is necessary to use the blockchain system to form a register of intellectual property objects primarily for the individualization of rightholders, the disposal of exclusive rights and their protection.