Vol 50, No 3 (2024)
Information. State. Human Rights
International institutional competition as an obstacle to the formation of the system of international legal regulation of information and communication systems
Abstract
The article contains an analysis of the problem of international institutional competition in the process of the regulation of information and communication systems by international organizations.
The purpose of the study is to identify the features of international institutional competition in the regulation of the functioning of information and communication systems and to propose possible ways to overcome it. To achieve the purpose of the study, the following tasks were solved: to analyze international mechanisms for regulating information and communication systems at the universal level; to identify areas of “interection” of the competence of international organizations and conferences; to develop proposals for coordination of the activities of international institutions in the field of information.
Formal-logical, problem-theoretical research methods, the method of analysis and synthesis were used in the study.
According to the results of the analysis of the activities of international organizations and conferences, the “intersection” of competence in the regulation of information and communication systems in four key areas — education, science, culture, and healthcare, has been revealed. The general directions of the development of the system of international legal regulation of information and communication systems are taken into account, namely: the formation of special principles of international law governing the field of information in general and the use of information and communication systems in particular; the adaptation of existing international treaties to the needs of information and communication systems development; the development of lex electronica towards the formation of technical standards, regulation of intellectual property in the use of information and communication systems, online dispute resolution, electronic financial instruments, the use of information and communication systems in the interests of all mankind. International institutional competition creates obstacles to the development of international legal regulation of information and communication systems. It can be overcome by creating a unified coordination mechanism for the activities of international organizations and conferences within the framework of the United Nations.
8-19
Functional resource of network communications and public-government interaction
Abstract
This article deals with the unclaimed potential of network communications. The next stage of technological evolution, the onset of which was associated with optimistic expectations, is associated with the deepest disappointments. It turned out that the widespread distribution of software platforms not only does not save people from discord and mutual misunderstanding, but sometimes brings even greater division, fencing off groups, communities and entire social institutions from each other. Unfortunately, the friendly march of revolutionary technologies did not lead to the flourishing and rebirth of democracy. Degradation, regression of traditional forms of managing the affairs of the state and society and the indifference of public authorities to the lives of ordinary people are not unique properties of any particular legal order, but are observed in jurisdictions with different levels of technological equipment.
The experience of successful development of the potential of network communications by the Republic of Belarus is presented, as well as examples of those locations in which new dividends are expected from modern technological developments. An attempt is made to answer the question under what circumstances the functional resource of network technologies can be more thoroughly involved in the interactions of the state and society, the coordination of conflicting interests of communicating actors.
The work is based on general scientific and local legal methods, as well as axiological, institutional, resource and other interdisciplinary approaches and attitudes. Attention is drawn to the fact that the stereotypical representation of communication as a process of mechanical transmission and receipt of information reduces social interaction and reduces it to an elementary scheme of data transmission. The point of view is defended that changing the approach to communication will help to better cope with the task of organizing a public-state tandem and strengthen the level of trust in the authorities. It is emphasized that a critical condition for the representative participation of citizens in management processes is the presence of a set of feedback mechanisms and inclusive institutions that allow ordinary people to be present in public discourse.
20-29
Intangible ethno-cultural heritage of Russian regions in the context of media law
Abstract
This article examines the challenge of safeguarding the intangible ethno-cultural heritage of Russian regions in the sphere of media law. The analysis considers intellectual property law, state-legislation, and inheritance as mechanisms for ensuring intergenerational transmission. Additionally, the paper devotes a specific section to the safeguarding of ethno-cultural patrimony at the global level, within the framework of international initiatives protecting the intangible cultural heritage. Special attention is given to traditional knowledge and traditional cultural expressions as objects of intellectual property rights, as well as the distinctions between them and intangible cultural heritage. The text stresses the significance of preserving cultural heritage for the well-being of humanity in both the present and the future. Additionally, the author examines the issue of the ethno-cultural patrimony in the Orel region as an illustration of the challenges facing cultural heritage preservation in Russia. This article addresses the contemporary discourse surrounding the challenges of conserving cultural legacy and traditional knowledge in Russia and the world.
30-38
Problem of the “digital cancellation” of the Russian citizens
Abstract
The article considers the phenomenon of digital abolition as a form of discrimination on the example of violation of the rights of Russian citizens by means of coordinated and synchronous termination of provision of digital information services by foreign companies and digital services, as well as explicitly prohibiting access to such services and services. Numerous examples of mass bans and restrictions imposed on citizens of Russia in the Internet at the level of social networks, financial services, services of access to online games, software, services for work with artificial intelligence make it possible make a conclusion that such actions constitute discrimination and a violation of human rights for the access, collection and dissemination of information. It is proposed that such actions be considered within the framework of international legal instruments prohibiting discrimination based on nationality, including with a view to bringing appropriate legal proceedings before international judicial bodies, which may be submitted by the Russian Federation.
39-48
Prospects for the integration of information and communication technologies into the sphere of public administration as a mechanism for its reconstruction
Abstract
The improvement of public administration as a result of the integration of information and communication technologies (hereinafter — ICT) should become a priority task of public authorities.
In this article, the author examines how digitalization and the introduction of ICT over time can contribute to a systematic increase in the productivity of civil servants, increase the efficiency and transparency of the functioning of state institutions, and create conditions for increasing the sustainable competitiveness of the state in the international arena.
The purpose of the work is to determine the essence of the digital transformation of public administration; to find out what advantages ICTs have as auxiliary elements of the management process; how they can help in combating the evils of the modern public service system, such as bureaucracy, low level of information security, corruption, etc. and what risks will follow their widespread introduction.
The author draws conclusions that highlight the most important aspects of the problem under study, the advantages and disadvantages of regulating management processes through the integration of digital technologies into
the administrative and political sphere, and the results of research conducted using the corruption and digitalization Correlation Index (hereinafter — CICD).
49-56
Intellectual Property Rights
Design and automation of business processes for technology rights management
Abstract
The article summarizes extensive long-term experience in implementing projects to create systems for managing intellectual property and technology rights in large Russian industrial, technological and financial holdings. The methodology of intellectual property management is presented and analyzed and its main objects are given, the characteristics of decision-making processes in the field of intangible assets management are given and examples of automation of relevant business processes are given. Theoretical and legal issues of technology rights protection are considered.
57-69
Интеллектуальная собственность в сфере медицины: вопросы жизни и смерти
Abstract
Medical intellectual property encourages the development and production of drugs and devices that save and prolong lives. However, finding a balance between encouraging invention by granting monopoly rights and restricting access to inventions by the same monopoly rights is very difficult. Recently, the United States has adopted legislation calling for an important experiment in finding this balance, by effectively forcing pharmaceutical manufacturers and other innovators to contract with the public insurance system for older people at prices that would be lower after a substantial part of the patent term had expired.
70-73
The personality of the author in the era of artificial intelligence: lessons from the general theory of authorship
Abstract
The article covers the problems of the legal personality of artificial intelligence and the role of human beings as creators. In particular, the article discusses the fundamental possibility of vesting artificial intelligence with legal rights and responsibilities. To solve the issue, the author turns to the general theory of authorship.
It is argued that artificial intelligence per se is not the author. As a general rule, the author is a natural person who exploits artificial intelligence to achieve their own goals. For this reason, artificial intelligence, unlike an individual (citizen), does not have and enjoy personal rights.
In addition, the entire historical experience supports the idea that it is unreasonable to recognize the legal personality of artificial intelligence. Jurisdictions adhering to the traditions of Roman law assign a dominant role to human beings as the main subject of the legal system. Equalization of the legal status of people, machines, and robots would lead to a diminution of the rights and freedoms of citizens themselves and destroy the legal system.
Based on these arguments, it is concluded that artificial intelligence, despite its importance in the life of modern society, does not form an independent legal personality. Being an instrument of labor in economic sense of the word, in legal terms an artificial intelligence should be qualified as an object of rights, not their subject.
74-82
Customs control of goods containing intellectual property: directions of digitalization
Abstract
Protection of rights to intellectual property is carried out both in the domestic market and during cross-border movement of goods. In the latter case, the basis is customs control of goods containing intellectual property. The purpose of the article is to study the directions of digitalization of customs control of goods containing intellectual property in modern conditions.
The following research objectives were identified:
- give an administrative and legal description of customs control of goods containing intellectual property in the conditions of digitalization;
- highlight areas for digitalization of customs control of goods containing intellectual property;
- characterize digital services for interaction between customs authorities and rights holders within the framework of customs control of goods containing intellectual property;
- outline the problems and prospects for customs control of goods containing intellectual property in the context of digitalization.
To achieve the stated goal, methods of system analysis, synthesis, classification, comparative legal and formal legal methods were used.
Customs control of goods containing objects of intellectual property is designated as an element of the entire system of state control and supervision in the field of intellectual property and at the same time an independent direction of customs control.
The article identifies the problems of digitalization of customs control of goods containing intellectual property, suggests possible solutions to them, and identifies prospects for the development of this area of customs control, taking into account the deepening of digitalization processes.
83-91
Use of photographic works in media: certain aspects of civil liability
Abstract
The use of copyright objects in the media sphere is associated with a number of legal problems, in particular, proper compliance with intellectual rights to such objects. The purpose of this study is to draw conclusions about some aspects of the onset of civil liability in cases of unlawful use of such objects of copyright as photographic works in the field of media. To achieve this goal, the following tasks were set: to determine, if available, the features of the use of works, in particular photographic ones, in the media sphere; analyze the judicial practice developed by the courts of the Russian Federation and the Republic of Belarus for cases of violation of rights when using works in the area under consideration, formulate proposals for improving law enforcement practice.
To conduct this research, general scientific methods of analysis and synthesis, a systematic method, as well as special legal methods, in particular comparative legal methods, were used.
The results obtained can be briefly formulated as follows. Firstly, in the sphere of media, intellectual rights to a number of copyright objects are violated, among which photographic works stand out. Secondly, alleged violators traditionally use a number of arguments that are considered by the court in terms of the possibility of exemption from civil liability. These include, in particular, the lack of copyrightability of the photograph, the lack of information about the author or other copyright holder, the Internet as the source of this work, the presence of a case of free use, and lack of knowledge of the law.
92-98
The legal nature of computer games as complex objects of intellectual property law: comparative legal analysis
Abstract
The growth in popularity of computer digital and information-telecommunication technologies in recent decades has led to numerous uncertainties and legal issues in the protection and enforcement of intellectual property rights in the realm of a cultural phenomenon like computer games. Studies reveal that computer games constitute a unique form of creative intellectual output, and inadequate legal regulation creates unfavorable conditions for the further development of the gaming industry, particularly by complicating subsequent rights protection processes. This scientific article discusses the importance of protecting intellectual property in the computer gaming industry, highlighting the legal issues in regulating computer games as complex objects of intellectual property law and examining the regulation of copyright in computer games from the perspective of Armenian and foreign legislative systems. The author elucidates the legal nature of computer games, distinguishes the studied objects from other results of intellectual activity, underscores the possibility of illegal game copying, and proposes methods to combat it.
The author analyzes the unique aspects of protecting and enforcing intellectual property rights in objects included in computer games, such as game scenarios, characters, musical components, also focusing on the commercial value of trademarks in the computer gaming industry. Contemporary challenges faced by developers and users of computer games are examined, solutions to which require more effective collaboration among rights holders, developers, and law enforcement agencies. Additionally, the article explores the prospects for the development of the gaming industry in the context of intellectual property protection in the era of digital technologies and online entertainment.
99-106
Objective royalty calculation method for forensic examinations and commercial transactions
Abstract
The article presents an innovative method for calculating royalty rates for forensic examinations, based on the use of data from a large number of independent sources. The method allows for the objective determination of royalty rates for the use of intellectual property, which is especially important for forensic examinations and commercial transactions, regardless of the country of application. The paper details the stages of the method’s implementation: from the collection and analysis of accounting reports and industry statistics data to the calculation and reconciliation of results using fuzzy logic. The obrashhenija: of this approach minimizes errors and inaccuracies caused by incorrect initial data and outdated evaluation methods, ensuring high accuracy and reliability of the results.
107-117
Artificial Intelligence Law
ChatGPT, text, information: critical analysis
Abstract
The paper deals with theory and practice issues related to such type of artificial intelligence as large language models, in particular, ChatGPT. The main attention is paid to spheres of human activity, in which the exchange of information stated in the form of text is of the greatest importance: science, education and journalism (media sphere).
The experience of user interaction with chatbots is described. The working principle of large language models is discussed in some detail. This allows to lead the reader to the conclusion that chatbots cannot and should not be able to carry out the thinking process instead of a human and create meaningful, truthful texts that would not need careful checking and editing.
The author also substantiates the conclusion that artificial intelligence (at least large language models) does not imitate human activity, but carries out activity of a fundamentally different kind.
In the final part of the paper, the author debunks the myth that chatbots can cause irreparable damage to human civilization by introducing misinformation.
118-128
Creativity criteria for artificial intelligence
Abstract
The doctrine and scientific literature have not yet developed universal criteria for creativity that could become reliable guidelines in providing protection for rights to the results of intellectual activity. The question of authorship and recognition of AI “creativity” also remains open. The problem of creativity is considered from a legal point of view, in particular, the protectability of works created using artificial intelligence and directly by artificial intelligence. The role of imagination in creativity and other subjective factors influencing creative activity are discussed. It is proposed to consider the “thinking” of artificial intelligence as algorithmic, devoid of the human spirit. The proposal is substantiated to recognize works “created” by artificial intelligence as secondary objects devoid of novelty.
129-134