Intellectual property in the digital economy: legal barriers and growth drivers for creative entrepreneurship
Автор: Vera I. Menshchikova, Tatiana M. Lavrik
Рубрика: ЮРИДИЧЕСКИЕ НАУКИ
Статья в выпуске: 1, 2026 года.
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The article examines the transformation of intellectual property in the digital economy and its impact on the development of creative entrepreneurship. The relevance of the work is due to the rapid growth in the value of intangible assets and the emergence of fundamentally new legal challenges related to digital technologies. Using a comprehensive interdisciplinary approach, including comparative legal, statistical and content analysis, the authors analyze the evolution of intellectual property objects. It is shown that traditional physical objects are being replaced by digital assets that exist exclusively in electronic form, which requires a revision of the classical legal criteria for protection. The article examines in detail the key legal problems of the digital environment: anonymity and the difficulty of identifying authors, the technological gap between the dynamic development of technology and conservative legislation, as well as issues of responsibility of Internet intermediaries (using the example of the American and European models). Special attention is paid to the analysis of new phenomena such as user content, news aggregation and data as an object of legal relations. The potential of distributed registry (blockchain) and NFT technologies to solve traditional intellectual property problems is explored, while highlighting key forms of their application: authorship fixation, creation of unique digital assets, automation of rights management through smart contracts and the creation of decentralized registries. At the same time, the limitations of these technologies are outlined, including issues of legal status and binding to real copyright holders. In conclusion, it is concluded that digital intellectual property, by reducing barriers to entry into global markets and creating new monetization models, forms a fundamentally new paradigm for creative entrepreneurship. The future of its development is linked to the interoperability of platforms, the integration of artificial intelligence technologies and the formation of sustainable ecosystems.
Intellectual property, digital economy, creative entrepreneurship, intangible assets, blockchain, NFT, legal regulation, user content, artificial intelligence
Короткий адрес: https://sciup.org/14134515
IDR: 14134515 | УДК: 347 | DOI: 10.24412/2220-2404-2026-1-15