INTELLECTUAL PROPERTY LAW IN THE DIGITAL AGE: THE PARADIGM OF BALANCE AND FLEXIBILITY
Introduction
Part I. The paradigm shift in the modern law
Chapter 1. Modern law and the socioeconomic context
§ 1. Globalization and law.
§ 2. Economy and law in the digital age.
Preliminary notes.
Network society and network effects.
Web 2.0 and new economic models.
Gift economy and its role within the modern world.
§ 3. Information technologies and law.
Introduction.
Information as the object of scientific knowledge and the pseudo-problem of legal definitions.
The law and/or technologies?
Neutrality as the principle of legal regulation.
Two sides of the same coin: information and intellectual property.
Chapter 2. Paradigms in the law: theory and practice
§ 1. The notion of paradigm in natural and human sciences.
§ 2. What is the real meaning of “paradigm shift”?
§ 3. The paradigm shift in modern law: statement of the problem.
Chapter 3. The formation of intellectual property law: the lessons of history
§ 1. Privileges: at the origins of patent and copyright law.
§ 2. The history of enactment of the first laws.
§ 3. The images of romantic author and genius inventor: the formation and evolution.
§ 4. Patents and the progress of science and technology.
.
Chapter 4. The current paradigm of intellectual property law
§ 1. General description of the current legal paradigm.
§ 2. The symptoms of crisis: preliminary notes.
Part II. “Phenomenology” of the intellectual property law in the digital age.
Chapter 1. Examples of problems and contradictions of the current system of regulation
§1. Intellectual property law and human rights in information society.
§2. The dichotomy of form and content: self-evident legal concept applied in new conditions.
§3. Free reproduction for personal use: conventional notion and new problems.
§4. Legal protection of news.
The core of the problem.
International regulatory practices.
The current situation in Russia.
Conclusions.
§ 5. How to protect computer programs?
§ 6. Internet intermediaries – “the burden of obligations”.
General observations.
International regulatory practices for Internet intermediaries liability.
Monitoring and blocking of access to information in Internet.
The problems of protection of intellectual products in p2p networks.
The review of recent legislative initiatives.
§ 7. Digitization as problem and task.
Chapter 2. Competition regulation and intellectual property law.
Chapter 3. Free licenses: legal nonsense or a step towards the new paradigm?
§ 1. Introduction.
§ 2. Free software.
§ 3. The system of Creative Commons licenses.
§ 4. Legalization of free licenses in Russian Federation.
Part III. The formation of new paradigm of intellectual property law
Chapter 1. Breach of balance between the interests of authors (inventors), business and society.
Chapter 2. The interests of modern society and the intellectual property law: on the threshold of change.
§ 1. Commercialization of knowledge and open science.
§ 2. Libraries and museums: realizing their own interests.
§ 3. Main declarations related to the reform of intellectual property law.
§ 4. European experience: recent initiatives.
§ 5. Russia: between words and actions.
Chapter 3. The paradigm of balance of interests and flexibility of regulation
§ 1. “Balance of interests” as goal and criteria of regulation.
§ 2. Conclusion.
LIST OF REFERENCES