RETROSPECTIVE OF THEORETICAL APPROACHES TO THE ESSENCE AND THE CONTENT OF THE DEFINITION OF INTELLECTUAL PROPERTY

Abstract

The article presents a retrospective analysis of theoretical approaches to the essence and content of the concept of “intellectual property”. Various scientific approaches have been analyzed and identified to determine the essence of the intellectual property category, and the main ones have been identified: historical, legal, economic, political. According to the historical approach, intellectual property is the result of the development of civilization, the formation of human knowledge, its spiritual development; legal approach associates intellectual property with the existence of so-called exclusive rights; in the political sphere, intellectual property is an object that should be granted exclusive rights in the future, but not one for which exclusive income-generating rights are already established; economic representatives view intellectual property as a market resource, a system of economic relations between market actors, and so on. It is established that the interpretation of intellectual property within the legal approach as a property right narrows its content and meaning, since intellectual property is a market resource. The necessity of forming a comprehensive economic and legal approach to the study of intellectual property is substantiated, since economic relations can develop civilly only when they have the appropriate legal support, and the legal aspect acts not only as a prerequisite but also as a result of economic relations. This approach has not been sufficiently researched, which creates additional opportunities for further development.