BOCHAROVA N. The constitutionalization of intellectual property in the information society and the knowledge economy

The dissertation is devoted to the research of the constitutionalization of intellectual property rights in the conditions of information society and knowledge economy. The historical and legal aspects of the substantive legal constitution of the human right to the results of creative activity and intellectual property and the levels of formalization of the right to intellectual property in the constitutional texts of the countries of the world are analyzed. The importance of constitutional justice and general constitutional and procedural norms for solving complex problems of intellectual property rights is revealed. It is established that the constitutionalization of intellectual property contributes to the definition of an innovative vector of development in an organic connection with the development of democratic principles of society and the protection of human rights. The definitive definition of the concept of «constitutionalization of intellectual property» is formulated. In the scientific and practical field, amendments and amendments are proposed to improve the legal and regulatory regulation of intellectual property in constitutional and sectoral legislation. The research is based on the use of constitutional and legal acts of the states of the world, international legal acts on human rights, doctrinal sources of domestic and foreign jurisprudence. The problem of the constitutionalization of intellectual property belongs to the new directions in the science of constitutional law, which have appeared within the framework of the general concept of the specifics of constitutional and legal regulation in the conditions of the information society and knowledge economy. The research revealed that the process of constitutionalization of intellectual property is associated with a significant expansion of the influence of constitutions on the overall process of legal regulation in the modern world. The theoretical analysis of the constitutionalization of intellectual property in conceptual terms is based on the two constituted in its mechanism – primary constitutionalization (or normative-legislative), which consists in fixing in the texts of the constitutions the intellectual property, and secondary constitutionalization (or normative-interpretative) that, in the context of this study, is related to the activities of constitutional courts.