The problem of justification for intellectual property institution existence in contemporary realities

Abstract

Actuality: The article analyzes the situation around (as a specific social institution) under the influence of globalization, information and other relevant factors. Despite the undeniable immense importance of for further innovations’ stimulation at the information age, there exist significant doubts about the of intellectual property category (in its current form) in different public circles of various countries, regarding the new socio-cultural realities. Some analysts, adherents of knowledge popularizing global projects and free information exchange, even argue that in postmodern context there is not sufficient for at all. The purpose of this research is the social-philosophic comprehension for the most relevant and applicable (forms) to justify the existence of as a phenomenon and specific social institution in contemporary realities. Methodological grounds in respect of studying of problematic mentioned above are based upon a systemic approach, as well as a comparative, dialectical, structural & functional methods.Conclusions: It was revealed the most relevant ways of justification for the in contemporary conditions, in the course of social-philosophic research of the (as a specific social institution, as a socio-cultural and legal phenomenon).It was found, in particular, that it’s possible to classify the main ways of the property’s being on the basis of two criteria – institutional and substantial. The institutional approach offers to justify the ownership legitimacy for property, considering the viewpoint of such social institutions as the law, the morality, the tradition. The substantial approach is associated with the existence of such justificatory schemes for the as follows: 1) due to the personal labour; 2) from the initial appropriation; 3) under the agreement; 4) under the principle of infrastructure contribution to the creation (so-called instrumental justification); 5) according to the public benefits’ maximizing principle. Thus, we can summarize that the society and the state with the greatest possible assurance would consider as reasonable and would accept the subject’s moral right to possess, to use, to manage and to dispose with in that case if the owner (the author, the right-holder) justifies his possession of object by his own intellectual, creative labour. At the same time, taking into account the realities of open civil society, global informatization, postindustrialism and postmodernity, as well as the private law specificity of the Intellectual Property institution, we may conclude that by the law, under the agreement, upon the infrastructure contribution principle also have the right to existence