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Correlation of Legislation on Property and Intellectual Rights

Student: Timofey Lukashevich

Supervisor: Alexander Sergeev

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2021

The purpose of this work: to reveal the main points of contact of the two analyzed institutions of law: intellectual property and property law, as well as to analyze and disclose the content of the norm of paragraph 3 of Art. 1227 of the Civil Code of the Russian Federation. The work reveals the legal nature of the institution of intellectual property, its basic legal theories and the historical and genetic similarity with the property-legal institution of property. In addition, the work contains an analysis of the above institutions both from the point of view of internalistic approaches to law and from the point of view of externalism, in particular, economic reasoning. Also, this work presents a brief disclosure of the literal, teleological, systemic and authentic approaches to the interpretation of the norm of paragraph 3 of Art. 1227, securing the main legislative relationship of the analyzed institutions. As a result, it was concluded that there are objective signs of similarity of institutions, which logically gives grounds for applying the analogy of property-legal norms to relations based on intellectual property. A number of examples are also presented, the practical application of the above analogy in which is permissible and is logically and economically justified.

Full text (added April 28, 2021)

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