Territorial Principle of Intellectual Property Protection and the Effect of State Sovereignty in the Digital Space

Abstract

The author investigates the theoretical aspects of implementation of the territorial principle of intellectual property protection in the digital space. The active development of digital space by participants of cross-border relations in the field of protection and use of intellectual property the popularization of the Internet and the expansion of the areas of legal relations implemented in the Network are accompanied by the emergence of new problems of protection of intellectual property due to their intangible nature and the possibility of one action to violate the to intellectual property in different countries. These problems persist in view of the territorial principle of the protection of exclusive as well as the serious importance of the sovereignty of states in the classical territorial understanding, and its new forms, especially information sovereignty. The author examines the provisions of international treaties in the field of protection of various intellectual property objects, considers the features of the development of the territorial principle of intellectual property protection, digital space as a medium for the implementation of this principle. The question of the boundaries of the territorial sovereignty of states in the digital space is proposed to be solved through the development of clear criteria for determining the for the implementation of relations. As universal criteria, it is proposed to use the of the rights and of the permitted use of rights, which in cases with international registration specify the territory of the rights. In the absence of an international treaty regulating the actions of states in administering various segments of the Internet, the effective protection of intellectual property in cross-border relations, taking into account the protection (administrative and judicial) systems of other states, it seems appropriate to use the principle of noninterference in the implementation of intellectual property outside the national scope of rights.