Legal regulation of the sphere of protection of intellectual property objects intellectual property protection at the national and international level: similarities and differences
Автор: Dzhaniev V.B.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 2 (77), 2024 года.
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The article presents the results of a comparative analysis of approaches to the legal regulation of intellectual property protection at the national level in Russia and at the international level. In the light of the development of interstate cooperation, creation of unions of states, as well as the increasing role of intellectual property in the modern world, more and more attention is paid to the legal regulation of legal relations in the field of protection of its objects. Legal regulation is not uniform. Specificity is present both at the national level and at the level of international law. Despite the fact that in general we are talking about the protection of a single sphere - the sphere of intellectual property, the system of legislation implies differentiation by objects and the presence of certain specificity depending on them. In addition, international treaties are a kind of basis for legal regulation, which is taken into account when an international treaty is ratified. The range of issues that are addressed at the level of national legislation and international law is different. The study of modern approaches to the legal regulation of the sphere of protection of intellectual property objects is necessary due to the need to improve the legislation of Russia. Comparative study allows to identify problematic aspects and insufficiency of legal regulation, which determines the relevance of the chosen topic. Comparison of the provisions of international treaties, as well as normative legal acts of Russia, regulating the studied sphere, is also aimed at finding opportunities to improve both national legislation and international law, that is, those international treaties to which Russia is a party. Based on the results of the analysis, the author’s conclusions are made regarding the current approach to the legal protection of intellectual property objects at the level of international law and in the national legislation of Russia.
Intellectual property, intellectual property objects, legal regulation, international law, international treaty, intellectual property right, legal protection
Короткий адрес: https://sciup.org/14130316
IDR: 14130316 | DOI: 10.47629/2074-9201_2024_2_17_21