Reworking Intellectual Property: Is Legislation Hindering the Development of New Outcomes?

In the modern era, the development of manufacturing and civil commerce are directly related to the development of science and technology. As such, the role of the legal regulation of intellectual property is increasing. In this regard, one of the most striking features in the development of science, technology, and art is the mass creation of secondary intellectual property based on earlier achievements that is not entirely brand new, but is no less valuable for the economy and culture. At present, there is much concern about how strictly the law should regulate the correlation of rights to original (primary) and derivative (subservient, secondary) intellectual property due to Russia’s need to protect its intellectual property interests against the backdrop of economic sanctions and the withdrawal of numerous foreign companies from the Russian market. It is crucial to consider the recycling of intellectual property in the broader sense: not only in relation to copyrighted works, but also patent rights and trademark rights. What problems arise when using works as a basis for creating new ones? How should problems with the processing and modification of computer programmes and databases be solved? In patent law, the issue of subservient patents and problems related to technology improvements is particularly acute. For means of individualization, there are similar problems with determining the similarity of trademarks. Issues related to the integrity of actions to process certain types of intellectual property are also highly important.