Seniuta V. Philosophical foundations of intellectual property rights.

The dissertation is devoted to philosophical and legal comprehension of the phenomenon of intellectual property rights. The historical preconditions of the emergence of legal regulation of the use and protection of works of science, literature and art, inventions, etc. are presented. The projects of ontologization of intellectual property are analyzed. This is, for example, liberalism (John Locke's theory of labor), objectiv-idealism (the theory of personality of G. Hegel), utilitarism (the theory of maximizing the common good of J. Bentam, etc.). It is proved that values ​​protected by the right of intellectual property are quasi-objective in character. The essence of the approach used is that, despite the fact that values ​​are always in some way related to the mind and the psyche of the person who reflects them (and therefore for different people, the same objects can be carriers of different values), there is always a fundamental the possibility of a quasi-objective (relative-objective, non-absolute) determination of the value of a particular good in a particular legal situation, taking into account the concrete historical status of the development of social relations and the balance of interests of its participants. By way of consolidating the values ​​of intellectual property rights in the law, one can distinguish: a) the direct recognition of such values ​​in civil law; b) creation of legal means of their realization; c) creation of legal means of their protection and security.