Intellectual Property Digitization: Administrative Barriers

In the article, the authors consider the transformation of the system of state registration of objects of intellectual activity, as well as the problems associated with the conclusion of contracts for the disposal of intellectual rights in the electronic environment. One of the objectives of the article is to consider how the conditions of the technological revolution will help to reduce costs and legal risks associated with the provision of legal protection and use of the results of intellectual activity, without creating affordable, safe services, appropriate infrastructure, including those provided by the state. At the same time, the authors note that the introduction of progressive technologies requires the elimination of a number of legal obstacles, including the gaps and contradictions in the current legislation. Therefore, the key objectives of the development of public administration in the field of intellectual property are the further implementation of the Digital Economy direction, including improving the quality of public services, including by streamlining administrative procedures and shortening the period for performing legally significant actions. The article notes that an important factor in improving the regulatory environment is the development of the commercialization of intellectual property. Since modern digital technologies have predetermined the actual distribution of various forms of communication in economic relations, including on the use of intellectual property, gaps in the legal regulation of these relations are a barrier to their development due to significant legal risks, the uncertainty of the position of their participants. The authors of the article analyze the problems associated with the digitalization of intellectual property, suggest integrated approaches to solving these problems. The concepts of electronic communication, electronic recording, electronic form and their normative consolidation in various legal orders are considered. The authors come to the conclusion about the expediency of amending the general provisions of civil law on the form of transactions, enshrining in them the concept of electronic form of transactions as a type of written form. The need to specify the concepts of electronic communication, electronic recording, electronic form in Russian law is also due to various factors, including the development of such new institutions of intellectual property rights as "free" and open licenses, which are most often drawn up in electronic form. It is emphasized that the development of digital technologies necessitates the development of appropriate new forms of disposal of intellectual rights.

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