The main approaches to defining the essence of «intellectual property»

About the author:

Andrian N. Prokhorov,

Abstract:

Modern development of world economy is directed on creation, universal introduction and effective use of new scientific knowledge, realization of this task is impossible without development and improvement of the relations in the field of intellectual property that causes need of the analysis of category’s essence. Today “intellectual property” — is polisemantichny concept, the essence and definition of which vary depending on the sphere of its application. According to it the detailed analysis of existing approaches to value’s determination of this concept is spent in article: economic, legal and sociological. By results of the analysis it became clear that the legal approach interprets intellectual property as set of exclusive rights that allows defining volume of the rights to created results of the intellectual activity, arising at owners. In turn, the economic approach considers intellectual property as system of the relations arising in the course of production, distribution, exchange and consumption of intellectual work’s results and is generally directed on determination of creation’s efficiency and use of intellectual property’s objects. As to sociological approach, it defines intellectual property as set of the public relations arising at emergence and use of intellectual activity’s results which is generally concentrated on identification of norms and behavior’s rules of the participants taking part in all life cycle’s stages of intellectual product. On the basis of the analysis of existing approaches to definition of the category “intellectual property”, the author’s treatment of this concept which combines the main ideas of the legal, economic and sociological points of view is developed. At the present stage of development need of specification of definition “intellectual property” is caused by lack of a comprehensive approach to definition of intellectual property essence. Thus, new vision of this concept allows looking at a question of intellectual property’s interpretation from all points of view, thereby essentially expanding value of this category.

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