International Legal Standards for the Legal Regulation of Intellectual Property: Foreign Experience

Анотація

Before the twentieth century, obtaining intellectual property protection in different countries was considered a difficult task since the legislative regulations of this process were quite different. That is why more and more states wanted to systematise and develop a unified approach to the legal regulation of intellectual property at the international level. The emergence of international legislation on intellectual property is explained by the fact that the rights to the results of intellectual activity have the quality of a ‘territorial limitation’, i.e. in the absence of international treaties, they are recognised and protected only in the territory of the state where they originally appeared. The international system of legal regulation of social relations related to the creation and use of intellectual property results is based on the desire to overcome this contradiction. It interacts with national systems of intellectual property protection, ensuring the rights of creators outside their countries. The article emphasises that, given the intensification of international economic and cultural relations, the unification of intellectual property legislation is essential. The adoption of international treaties solves this problem only partially. The analysis shows that the development of international legal instruments does not contribute to, and sometimes even hinders, the development of intellectual property law since it is based on the prevailing paradigm, according to which ensuring a high level of legal protection of intellectual rights is the main criterion for assessing legislation. The author examines the current state of social relations in intellectual property law, the dynamics of international legal regulation, and the peculiarities of legislative adaptation to the current priorities of developed countries in this area.

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