Специфіка міжнародно-правового регулювання захисту об’єктів авторських і суміжних прав, виражених у цифровій формі

Abstract

The authors of the article, having studied the development trends and modern view on intellectual property, devoted to the study of the norms of international law on the protection of copyright and related rights expressed in digital form, namely the system of sources of national (Ukrainian) and international legislation that regulates this protection . The necessity to emphasize the necessity of using fundamentally new approaches to legal regulation in this area has been revealed and substantiated. On the basis of the study, the author proposes to highlight the principles that form the basis of all legal relations in the modern European information society, which are carried out with the use of electronic, including digital, ways of storing and transmitting information. The transition in the civilization to the information society, the emergence of global information systems and digital technologies have put a number of fundamentally new issues facing the world community with regard to legal regulation in the field of protection of intellectual property in the modern digital world. In analyzing the legal norms of foreign countries, it should be noted that the distribution of legal institutions in various branches of law is rather conditional, therefore there is a state-specific categorization of information and legal norms in the legislation of foreign countries. Information law as an independent industry, unlike national law of Ukraine, is not allocated to all countries in the world. In Germany, France and the USA, information and legal norms are often contained either in the media right or are divided on a specific subject of legal regulation, such as the Institute of Internet Law in the United States or their incorporation in the copyright law of the Federal Republic of Germany, where information law Not allocated to a separate branch of law. Information law in German law refers to the right of the media and to special laws, that is, distributed according to the subject of regulation. At the same time, the right of the media of the Federal Republic of Germany regulates a substantially broader segment of social relations than the analogous branch of the law of Ukraine.