Stovpets O. Intellectual Property institution at the age of Information and Postmodernity: social-philosophic view

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0517U000602

Applicant for

Specialization

  • 09.00.03 - Соціальна філософія та філософія історії

11-07-2017

Specialized Academic Board

Д 41.053.02

Essay

The thesis is devoted to philosophical explication of the nature and content of contemporary Intellectual Property conception, its features, social functions, main contradictions and possible ways of their resolving in the context of oncoming postmodern epoch for post-industrial information-dependent society. Methodological grounds in respect of studying for social contradictions inside the Intellectual Property institution are based upon a systemic approach, institutional, structural & functional, synergistic, sociocultural approaches, as well as dialectical, historical & philosophical, structural, deductive, legal-comparative, legal-dogmatic methods. There was made an attempt of systematic presentation of controversial aspects inside the existing models of intellectual property relations. Some of those contradictions treated as a driving force of development in the intellectual sphere. There were traced some significant episodes in cultural genesis of Intellectual Property institution, its ontological foundation, possible social-philosophic typology for the intellectual property, its justificatory problems in the open society. An important question for this research is reconsidering of the ethical and informational aspects of intellectual property nature, as well as the meaning of "information power", public morality, intellectual property law, public and mass information, lobbying phenomenon, information censorship, free knowledge exchange limitations, monopoly over information, copyright, legal overindulgence, cyber piracy in the context of Intellectual Property institution. Also it was considered as significant such phenomena as creativity, intellectual activity, the growing influence of NBIC-convergence, a correlation between information, knowledge, innovations and the intellectual property. A particular and extra-important part of this thesis is research for the realm of Postmodernity and its influence upon the Intellectual Property institution on the whole (comparatively to impacts made by Premodernity and Modernity era). It was also analyzed main postmodern tendencies in the art space, because we think the art (as a materialized creativity) is one of the most substantial sources of intellectual property objects' genesis. The dualism of copyright finds its expression in social relations at public and private levels. In our research we've extracted antinomies of modern anti-counterfeit policy in Ukraine and the rest of civilized World. We come to the conclusion that most of those antinomies in the realm of intellectual property protection have sociocultural roots and reasoned by copyright's ambivalent nature. As we consider the Intellectual Property is the crucial institution of postmodern & information society, there's an obvious need to designate its main social functions as follows: fixing and reproduction / stability organizing function, regulatory function, integrative function, translational function, communicative function, hedonistic function. In conclusion it was made an emphasis on the strategic role of the Intellectual Property institution in human progress. It's supposed that future eventual positive dynamics of the Intellectual Property development is connected with global liberalization of intellectual property law, in complex with other essential measures appropriate to their time. Optimal regime for the Intellectual Property securing and protection probably may be found in more flexible legislation, with ensuring of correct implementation of international standards into intellectual-legal relations of all countries. But it should be done in compliance with the key principle, which is demanded by contemporary post-industrial reality: the greater free access to knowledge and innovations for the Society has to be granted and guaranteed. That is possible to achieve by the wide provision of free licenses, through shortening of terms for exclusive intellectual property rights, by reducing the cost for legal access to intellectual products, more active introduction of open content, streaming services, etc. On the whole it should come to expanding of the "public domain" concept's meaning, and narrowing the "copyright" total monopoly. Thus, in the social philosophy way of thinking, Intellectual Property appears as heterogeneous, differently directed, multidimensional, polymorphic & multifunctional public institution that has a system-making meaning in respect of the contemporary post-industrial, postmodern (in some aspects), information-dependent society.

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