Theoretical and Legal Basis of Intellectual Property

Intellectual activity in the 21st century. becomes the main and decisive factor of socio-economic progress. The level of social production will depend on the level of creative activity. The successes of social production determine the level of material and everyday life of the people.

In modern legal systems, the phenomenon of “intellectual property” has covered a wide variety of spheres of social relations, which are the subject of regulation of various branches of law: economic circulation, socio-political and cultural relations, international, state-legal and other relations. This has led to the fact that intellectual property has become the object of study of a number of sectoral legal sciences (civil law, state, administrative, customs, tax, international, etc.), and the category “intellectual property” has entered their conceptual apparatus. During the development of intellectual property law in world science, many theories have emerged that explain the essence of the relevant rights. The problem of establishing the nature of rights arising from the fact of creating the results of creative activity and determining their place among other legal categories has given rise to a debate that is ongoing to this day, and the accompanying contradictory views on the essence of rights to the results of creativity. Another important feature of intellectual property, if we consider it from an economic and legal point of view, is that it must bring material or other benefits: this may be additional profit, facilitating the promotion of goods or services to the market, promoting the spiritual development of the individual. Thus, the results of artistic creativity are used in the humanitarian sphere to enrich the inner world of a person, forming his worldview, and the results of technical creativity ensure an increase in the technical level of production, the competitiveness of manufactured goods and services.