Problems in Intellectual Property Law, Prospectively Determined by the Processes of Digitalization: General Questions of Theory

Abstract

The set of regulatory and policy documents in Russia adopted in recent years has been a response to the rapid digital innovation changes in technological landscapes, but there remains one segment of such changes related to intellectual property law, where regulation is clearly lagging behind. But this problem is largely caused by insufficient scientific understanding and understanding of radical digital changes in this area. Although all this is of significant scientific and practical legal interest. The heterogeneity and complexity of the transformations taking place in intellectual property law in connection with and as a result of the processes of digitalization and intellectualization determine the difficulties for the researcher, and that is why these issues have not been sufficiently studied today. And this article aims to fill a number of gaps in this understanding, offering a fresh and objective view. The article for the first time presents and substantiates a list of the generalized topical problems of functioning and subsequent development of key institutions of intellectual property law (such as copyright and patent law), which are prospectively determined by the processes of digitalization and intellectualization.