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Vol. 41 (Issue 10) Year 2020. Page 7

Derechos de propiedad en la Era de la Información

KHARYTONOV, Evgen 1; KHARYTONOVA, Olena 2; BIGNYAK, Oleksandr 3

Received:20/09/2019 • Approved: 18/03/2020 • Published 26/03/2020

ABSTRACT:

The article is devoted to the concept of property rights in the field of information technology from the legal and economic point of view. The subject of the study is the legislation of different countries of the world and general global economic trends in this area. The authors concluded that intellectual property is by its very nature virtual and, in this capacity, most organically adapted to the new world of information technology.
Keywords: property rights, information technology, copyright, virtual objects

RESUMEN:

El artículo está dedicado al concepto de derechos de propiedad en el campo de la tecnología de la información desde el punto de vista legal y económico. El tema del estudio son las leyes de diferentes países del mundo y las tendencias económicas globales generales en esta área. Los autores concluyeron que la propiedad intelectual es, por su propia naturaleza, virtual y, en esta capacidad, más adaptada orgánicamente al nuevo mundo de la tecnología de la información.
Palabras clave: derechos de propiedad, tecnología de la información, derechos de autor, objetos virtuales

1. Introduction

Traditional objects of economic turnover throughout the history of humankind have been material things – objects of nature and the results of material production. The results of creative, intellectual activity were not the object of economic relations, because the realization of such results, despite their great importance for the development of humanity, was very slow. However, at some stage of the development of civilization, the results of intellectual activity, especially in the field of information technology, began to play an increasing role in the life of the community, and their realization made it possible to obtain stable and sufficiently large profits (Tegmark, 2017). Information technology has already had a major positive impact on almost every field of human activity, from science to finance, manufacturing, transport, healthcare, energy, and communications. With their help, a rapid redistribution of funds, financial resources, robotic production, securing transport flows, generating and transmitting energy, improving health care and more were made possible.

Thus, the traditional property market has undergone significant changes: along with its traditional objects, a new part has emerged – the result of ever-increasing intellectual activity. They should be distinguished from objects of property rights, that is, tangible things, objects of the material world, through which they exist and in which they are embodied. The development of Information and communications technology (hereinafter – ICT) has also led to the emergence of new, more utilitarian copyrights: computer programs, databases, multimedia works, online works, and more.

In the virtual environment, as well as in real life, the property can be acquired or created, both movable and immovable, a secondary market is being formed to meet the needs of users, on which digital property or avatars are rotating.

Therefore, in the IT field, we are dealing with real property, intellectual property, and virtual property. It should be about ownership of real things in the real world (including those that technically ensure the existence of the virtual world), ownership of intangible goods, including intellectual property, ownership of virtual things.

There is no problem with 'classic' property rights, but the ownership of virtual things and intellectual property rights often overlap.

We can classify the ownership of devices, computers, other computer equipment etc. to the Property rights in the IT-sphere.

Property rights in the virtual world include computer programs, databases (compilations), websites, multimedia works, works of network art, domain names, digital content, that is, information content of the Internet (a published work in digital form and any other information: digital music, video streaming, video games, etc.), virtual objects, a virtual component of IT-assets and more.

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The virtual property includes intangible assets and objects of intellectual property rights as well as virtual things that are not objects of intellectual property rights.

Due to the goals of the articles, the methodology of the study includes general scientific and special methods of knowledge of legal and economic phenomena. Thus, the dialectical method, the method of system analysis, the system-structural method, the formal-logical method, the formal-legal method, and the method of structural functionalism were used by authors during this study.

First of all, the dialectical method as a general method of scientific knowledge in accordance with the historical method allowed to consider all issues of the property market in dynamics.

Moreover, it should be noted, that the method of system analysis, as well as the system-structural and formal-logical methods, made it possible: to investigate the development of the Property rights in the information.

Furthermore, the formal-legal method helps authors of this study to investigate and compare the legal norms of foreign and domestic legislation governing Property rights relations.

In addition, it should be stated, that the method of structural functionalism was used to analyze the notion Virtual property rights as well as Intellectual property rights as virtual property.

Derechos de propiedad en la Era de la Información

Contents

1. Introduction

3. Results

3.1. Virtual property. Int

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