Contents of the concept of intellectual property in the constitutional section: the experience of foreign countries

• DOI: 10.34132/pard2023.21.06
• Publication Date: 2023-10-26T16:28:28Z
• Authors: Oleksandr Shtyrov
• Keywords: Balance of interests; Universalization

The article examines modern trends in the constitutional and legal protection of intellectual property with help a comparative analysis development institution property. It is concluded that need to ensure rights citizens, national security, creation an innovative economy determine directions world development, one which constitutionalization institute There are two main methods constitutionalization: legislative interpretive.
 subjective right performs special "social function", consists ensuring optimal balance between private public interests.
 Constitutionalization global trend states expressed universalization intensification influence values on institutions different systems, significantly contributes their convergence. conclusion part basic principles many foreign states. Therefore, among foundations system, new principle related relations should be highlighted, including stimulation, encouragement, guarantee support order achieve economic social progress society aimed at building (based knowledge economy) state.
 Objectively existing differences tasks regulation, level degree regulation current legislation, observance traditions propensity legislator include novelties from constitutions other countries give rise approaches relations, also entail emergence «mixed» models. All this makes issue interesting promising object scientific research.