Umbrella Approach to the Legal Regulation of Intellectual Property (Constitutional Aspects)

Перенести в английский вариант With the increasing importance of innovative and creative activities in addressing constitutional challenges of sustainable economic growth and state economic sovereignty, issues of legal regulation of relations in the field of “intellectual property” (hereinafter IP) are becoming increasingly relevant. These issues stem from ambiguous understandings of IP and the expansion of traditional notions of the boundaries of property rights, which creates certain difficulties in protecting intellectual property rights. The main objective of this article is to explore the potential for applying an umbrella approach to the legal understanding and application of IP. To achieve this goal, the following tasks are addressed: providing an overview of various aspects of the understanding and content of IP, including as a synthetic phenomenon; identifying a number of conditions and methodological approaches to expanding the scope and boundaries of legal protection of constitutional rights in the fi eld of IP relations. The results of this work expand the argumentation supporting the use of IP as an interdisciplinary concept that provides broader opportunities for regulating and protecting the constitutional rights of citizens in the sphere of creative work. The somewhat eclectic nature of IP legal regulation necessitates a recourse to a constitutional and legal understanding of these issues. Through the constitutional umbrella, the methods of IP protection are expanding. In its legal positions, the Constitutional Court of the Russian Federation is developing a methodological approach that synthesizes the constitutional legal framework and interdisciplinary branches of legal regulation (the umbrella approach).