THE CONTEXTUAL ASPECT OF LEGAL REGULATION OF INTELLECTUAL PROPERTY

Alamova Svetlana Mukhametovna

The article is devoted to the contextual aspect of the legal regulation of intellectual property, understood as the combination of socio-economic, political, technological, and cultural factors influencing the formation and development of relevant legal norms. The author proceeds from the premise that intellectual property, as a result of creative activity, requires legal protection adapted to the evolving conditions of social development. The proposed approach emphasizes the necessity of an interdisciplinary analysis, including legal, economic, and sociocultural components, to provide a more comprehensive understanding of the nature of intellectual property rights. Special attention is given to the methodological significance of contextual analysis, which enables not only a retrospective evaluation of the development of legal regulation but also the forecasting of its future trends. The article also presents a historical analysis of the evolution of copyright law, drawing on classical works, notably M. I. Brun’s essay for the Brockhaus and Efron Encyclopedic Dictionary. The change in terminology from “literary property” to “copyright” and “intellectual property” is examined, reflecting the evolution of approaches to the legal nature of protected results. Particular attention is paid to the theory of “mental property,” its key propositions, contribution to doctrine, and well-founded criticism. The author demonstrates how this, and other concepts have significantly influenced the formation of modern copyright law, which represents a synthesis of various theoretical directions. The author concludes that contemporary intellectual property regulation is the outcome of an evolutionary synthesis of different theoretical concepts. Thus, the contextual approach not only contributes to a deeper understanding of the legal essence of intellectual property but also facilitates the development of more effective legal strategies amid the rapidly changing digital and globalized environment.

Keywords:intellectual property, contextual approach, copyright, theory of mental property, exclusive rights