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Legal Regime of the Internet Site as an Object of Intellectual Property

Student: Andreychenko Elizaveta

Supervisor: Erik Valdes Martines

Faculty: Faculty of Law

Educational Programme: Information Technology and Intellectual Property Law (Master)

Year of Graduation: 2021

The legislator has classified the Internet site as a composite work. However, this legal regime cannot fully cover the multicomponent structure of the site and its technical features. Difficulties arise both in case of violation and transferring the rights of the site. The composite work legal regime does not allow to establish an exclusive right to the site as a whole. Therefore, in case of copying a site or transferring of rights, it is necessary to highlight separately each of its elements, which carries the risk of overlooking some of them. The aim of the research is identification of the most appropriate regime of legal regulation of the Internet site as an object of intellectual property. The objectives are: studying of legislation, judicial practice and literature; analysis of the existing variants of the legal qualification of the Internet site and identification of the advantages and disadvantages of each of them. The methodological basis of the research constitutes of general logical methods of cognition, which made it possible to analyze the legislation on the questions of protection of Internet sites and their legal qualification. Also were used logical and formal legal methods, which made it possible to systematize the information obtained during the research and to formulate conclusions based on the results of the work. The empirical basis of the research сonsists of the judicial practice: acts of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Intellectual Property Rights Court, arbitration courts and courts of general jurisdiction. Analysis of the most common variants of the legal qualification of sites allows to conclude that the best option is to give the status of a special, complex object to the site and to highlight it in the fourth part of the Russia Civil Code. With this regime, it will be possible to highlight all features of the site associated with its multicomponent structure.

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