The Bright and the Dark sides of a new Information Reality (in the context of the Intellectual Property protection)
Law Review of Kyiv University of Law
Nowadays changes' vector related to the information and technological novelties presently shifts: from technical, economic and legal fields - to the socio-cultural dimension. Following the production sectors, other areas of life became the objects of conscious and deliberate innovative activities, that allow us to fix the transition towards an innovative model of social and cultural development, and the corresponding increase in the value of Intellectual Property institutions in today's
... in today's post-industrial world. This is why the innovation has become one of the main types of nowadays practical activity with intellectual or creative content, and it's perceived as an essential precondition for further civilized development. The intellectual property may be considered as a specific kind of original information, objectified in appropriate form. The core of any intellectual property object is innovation. The latter may even be understood as its inner substance. And the knowledge should be esteemed as a prelude to innovative or creative process. In the article, the main attention was focused on the dialectics of development of our Information reality that is changing gradually, but inevitably. The most controversial point is to keep the balance between the principle of Freedom of information (including free Internet, independent mass-media, privacy on the Web, anonymous sources for press and journalism activity), on the one hand, and the principle of informational safety and public security (i.e. the possibility of state power to resist an external informational aggression, to block disinformation attempts, to prevent manipulations with information that may be really dangerous or harmful to the society in different aspects), on the other hand. The general vision of today's Information space evolution is expressed as an ambiguous process, which implies both the advantages and disadvantages of this new kind of reality. Eventually, this means the existence of the dark side of mentioned processes, and the bright one. It all depends on how people will actually use these technological tools. That's why the state should always remain the sentinel of this fragile balance between the Freedom of Information in all possible ways, and the Censorship that may be expressed in soft or hard forms. The other matter is an Intellectual Property protection mechanism in this new information reality, including international and local legislation, judicial practice, as well as mental, moral and ethical, sociocultural, economic and even geopolitical aspects of IP protection. Everyone should respect the related Laws, and individual commercial & noncommercial rights of authors or possessors. But, simultaneously, this realm of social-economic and legal relations - called "intellectual property" - should be reconsidered deeply, as technological and sociocultural conditions have changed substantially. That's why we consider the current global IP protection system as the olden one. It must be modernized, and this modernization should be definitely commenced by its liberalization.