Works on Intellectual Property

UNESCO’S ARK: 80 YEARS OF JOURNEY TO AN UNATTAINABLE GOAL

2025-11-11T01:11:52+03:00

An article dedicated to the 80th anniversary of the establishment of the United Nations Educational, Scientific and Cultural Organization (UNESCO) analyzes the path taken by this important international institution to the lofty goals that were enshrined in its Constitution in 1945. The philosophical, historical and international legal prerequisites for the creation of a specialized organization in the field of humanitarian cooperation are considered. The organic ideological connection of the UNESCO Constitution with such a fundamental document of the entire UN system as the Universal Declaration of Human Rights is revealed.

The statutory mission of UNESCO is most clearly expressed in an unattainably high, but truly Kantian formula: “a peace based only on the economic and political agreements of governments will not be able to win the unanimous, lasting and sincere support of peoples; it must be based, to avoid failure, on the intellectual and moral solidarity of mankind.”^[4]. The subsequent course of history confirmed both the practical unattainability of this ideal and its enduring value as a goal for the development of the civilization of homo sapiens.

Some vicissitudes of the development of relations between the Soviet Union, and later the Russian Federation with UNESCO, are considered. Ways to overcome such a long-standing problem of UNESCO as the politicization of program activities are outlined. On almost any issue within the competence of the Organization, progress can be made, if the member states show good will, refrain from raising imaginary issues or politicizing real problems, and if no country or group of countries seeks any privileged position in the Organization, which is incompatible itself with the essence of multilateral international cooperation.

At the same time, there is a need to modernize the Organization, increase its efficiency, and concentrate its activity on solving problems that require the unification of the intellectual forces of whole mankind.

CHINGIZ AITMATOV AND UNESCO

2025-11-11T01:11:51+03:00

The article examines the activities of Chingiz Aitmatov as the Permanent Representative of the Kyrgyz Republic to UNESCO and his contribution to promoting the concept of “from a culture of war to a culture of peace.” On Ch.Aitmatov’s initiative and with the support of UNESCO, the Issyk-Kul Forum was organized an important step toward strengthening mutual understanding between East and West. The paper explores the philosophical and humanistic ideas of the writer, reflected in his literary legacy as well as in his public and diplomatic work.

Particular attention is given to Ch.Aitmatov’s concept of human responsibility before civilization and to the issue of preserving cultural heritage. The study concludes that Ch.Aitmatov made a significant contribution to promoting UNESCO’s ideals and to the development of cultural and educational initiatives worldwide.

DEVELOPMENT OF THE IDEAS OF THE UNESCO CHARTER ON THE PRESERVATION OF DIGITAL HERITAGE IN THE AGE OF ARTIFICIAL INTELLIGENCE

2025-11-11T01:11:50+03:00

The article provides an analysis of the development of public relations related to the digital preservation of heritage and the digital transformation of human life. It assesses the applicability of the UNESCO Charter on the Preservation of Digital Heritage and examines new threats to the preservation of heritage around the world. The article also offers ideas and principles for updating the Charter in the modern era of artificial intelligence.

PROTECTION OF THE INFORMATION SPACE FROM DESTRUCTIVE INFORMATION BY LEGAL MEANS

2025-11-11T21:34:43+03:00

In the context of the rapid digitalization of society and the exponential growth of crime in the information sphere, the protection of the information space from destructive content is becoming one of the priorities of government policy.

During 2024, significant legislative changes were introduced, in the Russian Federation, aimed at ensuring the safety of citizens and society from destructive information content. These changes affected the norms of information, administrative and criminal law. This article analyzes the legislative transformations that have occurred, systematizes them, and provides a structured presentation of the resulting system of legal norms. The article also examines the evolution of the legal term «destructive content» and analyzes the accents that were placed during its formation.

It is concluded that the articles of the Administrative Code of the Russian Federation and the Criminal Code of the Russian Federation, which establish measures of responsibility for countering the stability of the functioning of the Critical Information Infrastructure (CII), do not provide for responsibility for conducting a computer attack. While computer attacks not only undermine the stability of the CII, they are also a tool for most malicious actions, including the dissemination of destructive content. For example, this can be done using malicious software and botnets, as well as social engineering methods.

This indicates that the issues of establishing responsibility for computer attacks, including the distribution of destructive content committed as a result of a computer attack, remain outside the limits of administrative and criminal law regulation.

EXTRATERRITORIALITY OF THE AUTHOR’S MORAL RIGHTS: IDEA AND REALIZATION

2025-11-11T01:11:48+03:00

Part Four of the Russian Civil Code (article 1231) recognizes the property of extraterritoriality for personal non-property intellectual rights. This characteristic is peculiar only to the most important universally recognized subjective rights (such as the fact of recognition of property rights) and is unique in international private law. Thus, the conflict-of-laws problem is removed.

Even the most accurate scientific commentators on Part Four of the Russian Civil Code [4, 5] traditionally stop at stating the said fact without going into any further explorations. However, as we contend in the present article, the realization of extraterritoriality in practice is actually blocked by the effect of the conflict of laws provision of Article 1256, dedicated to the procedure for determining the author (primary right holder). The binding of this norm refers to the law of the state in which the legal fact that gave rise to copyright took place. This circumstance creates difficult problems of law enforcement (such as impossibility of attribution of rights, depeçage, etc.), as also is demonstrated in the present article.

ON THE NEED TO ESTABLISH THE NATURE OF LABOR WHEN RESOLVING DISPUTES WITH THE COURTS ABOUT PARODIES

2025-11-11T01:11:47+03:00

The author analyzed the legal approaches formed by arbitration courts in a number of cases on the creation of parodies based on the work of fine art Homunkulus Loxodontus (“Zhdun”). The author comes to the conclusion that the criterion of “creative work” is being belittled when qualifying the results of intellectual activity as parodies.

THE FASHION MARKET AS AN EXAMPLE OF CREATIVE INDUSTRIES

2025-11-11T01:11:46+03:00

The adoption of Federal Law No. 330-FZ of August 8, 2024 “On the Development of Creative (Artistic) Industries in the Russian Federation” marked the culmination of a decade of sustained attention by Russia to creative technologies within the market economy. The Law is aimed at creating conditions for the self-realization of citizens through the use of their creative and intellectual potential and at increasing employment in the sphere of creative (artistic) industries. The new Law integrates various areas of public relations, including economics, intellectual property, ethics, and law, and establishes a legal framework for the industrial application of the results of intellectual activity in civil circulation. It also seeks to enhance the contribution of the creative economy to the country’s GDP through the production of high value-added goods and services.

When analyzing this Law and assessing the prospects for its implementation in the fashion industry, the authors recommend clarifying certain terms used in the Law. In particular:

in the definition of a creative (artistic) industry, the criterion of uniqueness required of a creative product should be replaced with the wording “created through the author’s creative labor” (sub-paragraph 1, Article 3 of Law No. 330-FZ);
the definition of a subject of the creative industry should be clarified and supplemented by expressly indicating the right to carry out entrepreneurial or other income-generating activities (sub-paragraph 3, Article 3 of Law No. 330-FZ);
the definition of a subject of the creative industry should be further expanded by incorporating the positive experience of the Republic of Korea, introduce in Russia a simplified procedure for the registration of intellectual property objects related to the fashion industry. It is proposed that such protection should take effect from the date of filing the application, provided that a three-month opposition period is granted.

THE DIGITAL MODEL AS AN OBJECT OF INTELLECTUAL PROPERTY: THEORETICAL ASPECTS OF POSSIBLE APPLICATION BASED ON THE ANALYSIS OF INTERNATIONAL ANALOGUES

2025-11-11T01:06:49+03:00

The active development of the digital environment has led to the emergence of new intellectual property objects — digital models. To date, digital models are actively used by both entrepreneurs and citizens, and participate in commercial turnover as the subject of transactions. At the same time, current legislation does not provide comprehensive legal regulation of digital models, since, in principle, it does not single out the latter as an object of intellectual property. The authors analyzed such an object of intellectual property as a digital model, argued for the need to include a digital model in the list of intellectual property objects. The work also reveals the characteristics and essential features of the object, and the prerequisites for the emergence of the latter.

IF THE COPYRIGHT HOLDER IS NOT THE INVENTOR, OR HOW TO PROTECT THE RIGHTS OF AN EMPLOYEE (AUTHOR) FROM THE ACTIONS OF AN UNSCRUPULOUS EMPLOYER

2025-11-11T01:11:45+03:00

The purpose of the article is to study the problem of unfair behavior of employers (copyright holders of official inventions), due to the desire to circumvent the law and evade the obligation to pay royalties for the created results of intellectual activity. The list of tasks solved in the study consisted in identifying the legal essence of official inventions, considering the main legal issues related to the realization of the right to remuneration for their creation, studying the problem of unfair behavior of employers (copyright holders) who do not have intentions to pay remuneration to employees (inventors), as well as finding a solution to this problem. Based on the emerging practice of the intellectual property court, which is based on the principle of estoppel, the article demonstrates the current legal mechanism to suppress inconsistent, contradictory behavior of employers, and also proves the imperfection of certain provisions of civil law on the creation and use of official objects of patent law.

The result of the study is the general conclusion that in the context of unprecedented sanctions pressure on the Russian Federation, when the country is in dire need of import substitution, the problem of achieving a legal balance between employees and employers on issues related to official objects of intellectual rights should not be solved with the help of an additional burden on the courts, but by specifying the provisions of paragraph 4 chap. 72 of the Civil Code of the Russian Federation.

HARMONY IN THE SCALE: PROTECTION OF MUSICAL WORKS IN THE DIGITAL AGE

2025-11-11T01:11:44+03:00

The article is devoted to a comprehensive analysis of modern problems of protecting musical works in the context of the rapid development of digital technologies. The author considers the transformation of the music industry from analog media to online platforms, focusing on the scale of legal and illegal distribution of content, as well as the emergence of new threats in the form of streaming piracy, illegal copying, the use of AI, and digital remixing. The work presents the evolution of the copyright system — from collective oral traditions to modern models of individual and collective protection, and characterizes the key legal and technological methods of recording and protecting rights (registration, deposit, DRM, digital watermarks, blockchain). International experience, judicial and administrative practice, features of Russian legislation are analyzed, strengths and weaknesses of the collective rights management system are shown. Particular attention is paid to the prospects and challenges associated with the integration of artificial intelligence into the music creation process, the development of blockchain and NFT solutions, the role of automatic monitoring system,s and the need for international harmonization of regulation. The conclusion offers recommendations to authors and copyright holders on how to effectively manage their rights and notes the need for a balance between the interests of creators and society.

UNAUTHORIZED COPYING OF DIGITAL CONTENT

2025-11-11T01:11:42+03:00

The article deals with the actual problem of unauthorized copying of content in the digital environment. The main types of violations are analyzed, and statistical data are provided. The features of legal regulation in this area, differences in the approaches of Russia and the United States, are investigated. Technological methods of content protection are considered, and special attention is paid to the prospects for the development of legal platforms as an alternative to piracy. Recommendations are given on a comprehensive solution to the problem through legislative, technological, and economic measures.

WHETHER PROMPT IS AN OBJECT OF COPYRIGHT: PROS AND CONS

2025-11-11T01:11:41+03:00

Results, obtained by users when accessing various types of programs, applications, and services based on the use of artificial intelligence technologies, are usually referred to as “content generated by artificial intelligence”, which includes text, images, audio, and video. No less research interest is aroused by the request of a human user, which initiates the generation of the corresponding content by artificial intelligence, for which the English term “prompt” is used in most cases. It is the prompt (user request) that becomes the starting point for the creation of objects by artificial intelligence that are outwardly extremely similar to objects of intellectual property rights. It has become generally accepted that the most relevant results to a user’s request can be generated by artificial intelligence only if there is a creative approach to creating the prompt itself, which has put on the agenda the question of whether a prompt can be protected by the norms of intellectual property law as an object of intellectual rights. This question has not only theoretical but also practical significance, since today entire databases and libraries of successful prompts are created that have serious economic value.

This article has been prepared in the development of a relatively recent and gaining momentum discussion about the admissibility of classifying user prompts (requests) as objects of copyright. The authors of this article, adhering to diametrically opposed views on the designated issue, decided to combine their arguments explaining their positions in one article in an effort to help lawyers find the right answer to the question posed. The approach used in this article does not allow us to unambiguously characterize the legal nature of the prompt, but it does provide additional food for thought for subsequent research in the area under consideration.

COPYRIGHT FOR PUBLICATIONS USING ARTIFICIAL INTELLIGENCE SYSTEMS

2025-11-11T01:11:40+03:00

In connection with the development of artificial intelligence and technologies based on artificial intelligence systems, problems have arisen in determining the legal personality of artificial intelligence in relation to intellectual property objects created with the help of or even by artificial intelligence itself, operating autonomously. The World Intellectual Property Organization (WIPO) is working to study and discuss problems and issues related to the use of artificial intelligence technologies and systems to determine intellectual property policies. To discuss problems related to artificial intelligence, WIPO initiated special discussions among the member states of this global organization with the participation of scientists and specialists, which took place in 2019–2020 in Geneva, at WIPO headquarters. The discussions were organized on the basis of a special questionnaire proposed by WIPO.

The author of this article also took part in the discussion of these discussion questions in absentia, the research results of which were published in the well-known journals “E-Management” and “Intellectual Property Law” in 2020 and 2021, respectively. The issues concerning copyrights to works of science, literature, and art created with the help of, and by artificial intelligence in autonomous mode, were considered on the basis of discussion questions 6, 7, and 9 for these cases of intellectual property rights.

As a result, the main conceptual principles proposed by the author to the WIPO discussion questionnaire are as follows: 1) the rights of authorship and ownership of intellectual property objects, in particular on objects of copyright protection, should be provided to an animate subject — a person (collective) — a developer of artificial intelligence with the latter being fixed as a sub-subject or instrument of the subject of law; 2) artificial intelligence should serve as a tool for enhancing human creative potential, taking into account freedom of creativity, but with additional measures of responsibility provided. It is also proposed that in the case of using artificial intelligence systems in publications and reports, the authors of these publications and reports be required to indicate these artificial intelligence systems, the materials and data of which were used. Otherwise, equate these publications and reports to plagiarism.

LEGAL ASPECTS OF THE USE OF ARTIFICIAL INTELLIGENCE IN THE MUSIC FIELD

2025-11-11T01:11:38+03:00

The article summarizes an anthropocentric approach to the legal regulation of the creation of musical works using artificial intelligence technology. The features of the generation of modern music in comparison with traditional types of creativity are considered. The substance of the actions of a musician using a neural network is proposed, which makes it possible to attribute the results of such activities to creativity. The examples of the world practice of a critical attitude to the creation of a prompt as the only creative element are revealed. The article analyzes the law enforcement practice of the emergence of legal relations regarding the creation of music using artificial intelligence technology by virtue of a contract.