Voynikanis E.A. Conceptual problems within the regulation of intellectual rights: theoretical legal analysis

Abstract: The subject of this research is presented by the description and analysis of the key conceptual issues pertaining to the regulation of intellectual rights. The author examines the most recent scientific achievements of Russian, as well as foreign authors on the issue of comparison between intellectual rights and property rights. Alongside this problem the article explores the questions of correlation of intellectual rights with the notion of “information”, reasonableness of the codification of intellectual property law within the framework of civil code, and inter-industry connections and the place of intellectual rights within the legal system. The conclusion consists in the presence of a complex of fundamental questions on the bases and limitations of the regulation of intellectual rights, to which there is no unambiguous solution within the modern legal science and doctrine. The author believes that there is a lack of industry approach and there is a need for a complex legal theoretical research using the paradigmatic approach.

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