PROBLEMS OF LEGAL REGULATION OF FREE CIRCULATION OF INTELLECTUAL PROPERTY IN THE DIGITAL ENVIRONMENT

Abstract

The article is devoted to the problems of development of legal standards for the free use of intellectual property in the digital environment arising in connection with the development of the digital economy. The authors propose to differentiate the legal regime of intellectual property, depending on the nature of its use on commercial and non-commercial. The sphere of non-commercial use should be freed as much as possible from legislative barriers. In commercial turnover, the use of simplified registration procedures based on information technologies is proposed. The principles of fairness and good faith should be the legal basis for the institution of free use of intellectual property. The authors believe that certain standards exist in the form of concepts and need to be implemented in practice, while others have legal support, for example, the priority of market mechanisms over public administration on the Internet, the principle of the balance of interests of rights holders and users.