B.A. Shakhnazarov

Beniamin Shakhnazarov

2019. No. 5. P. 121–147 [issue contents]
With development of cross-border private relations in the digital space, use of blockchaintechnologies can also become a means of protecting rights of intellectual property.Blockchain ledger can serve as an evidentiary base of originality, novelty of the objectof intellectual property, confirmation of the primary right of ownership and thus be ameans of protecting and using intellectual rights simultaneously in several states. Thattechnology can be used by developers of patentable objects, trade secrets, by creatinga digital record confirming ownership, existence and integrity of an object, or part of thepatent information on a specific date. Use of that technology is also relevant in the contextof a trademark protection system in cross-border relations and can be implemented toprovide trademark holders with safe means of proving the first and continuous use of thecorresponding designation. Copyright holders have opportunity to create an evidencebase in the blockchain-ledger, confirming their personal non-property, as well asexclusive rights, by depositing them in electronic form and ordering. Blockchain-registryalso provides fixation of the transfer of exclusive rights. In world practice, there is areverse trend of using patenting tools to protect technologies mentioned. The processesof harmonization of relations implemented by that technology also occur. The UNCITRALModel Law on Electronic Transferable Records of 2017 is being considered. The recordin the blockchain-ledger can be such an electronic transferable record, since it satisfiescriteria of the Model law. Use of blockchain technologies in cross-border relations, whichsimplifies and accelerates the interaction of subjects, also gives rise to a conflict of lawissues. A blockchain-ledger can be considered as a self-regulating system operatingon the basis of registry order, which can be designated as Lex Registrum. It seems tobe an emerging casual law order that can be selected by parties to private relationshipsusing that technology to implement them. Lex Registrum is not absolutely universal laworder. In each case, the implementation of technology mentioned, potential of which isnot fully disclosed, can form regulatory standards. However, the general conflict of lawsrules applied by court to find a competent law and order, taking into account the relevantstatute of the relationship (for example, real statute, intellectual statute) at this stage ofdevelopment of technology regulation cannot be replaced with Lex Registrum.
For citation: Shakhnazarov B.A. (2019) Complex Interconnection of Blockchain Technology and Intellectual Property in Cross-Border Private Law Relations. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 5, pp. 121–147 (in Russian) DOI: 10.17323/2072-8166.2019.5.121.147
Citation: Shakhnazarov B. (2019) Kompleksnaya vzaimosvyaz' blokcheyn-tekhnologiii ob"ektov intellektual'noy sobstvennosti v transgranichnykh chastnopravovykh otnosheniyakh [Beniamin Shakhnazarov]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 5, pp. 121-147 (in Russian)
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