Інтелектуальна власність у системі прав людини: загальні засади

Abstract

The institute of intellectual property law had a rather long period of development. It has become widespread in the modern world and is enshrined in both domestic and international law. International human rights law enshrines as fundamental rights the freedom of creativity, the right to protect the moral and material interests of authors. This formed the basis for the further enshrinement of intellectual property rights in the constitutions of the world. The importance of intellectual property is indicated by the fact that the constitutions of many modern states have not ignored this important area of human relations. Public recognition of intellectual property and its protection in constitutions have become an act of the greatest constitutional, scientific and practical significance. The development of intellectual activity and intellectual property will be largely determined by the attitude of the state and society to the person of the creator, which should be defined in the constitutions. This is especially true in the information society, when one of the main social values is the creative activity of man. The main modern international legal documents on human rights are analyzed, in which the provisions on intellectual property are revealed. The new international legal documents contain important provisions for understanding the essence and features of the realization of the human right to the results of creative activity and protection of intellectual property in the conditions of information and communication technologies and knowledge economy.