Співвідношення інтелектуальної власності та права інтелектуальної власності: теоретико-правові аспекти

In the scientific work, the author conducted a comprehensive theoretical and legal analysis of intellectual property and intellectual property law as complex multi-faceted legal phenomena. The high degree of relevance of the topic of this study is noted. It is emphasized that despite significant achievements in the field of legal doctrine, the issue of dividing law into branches and institutes (sub-institutes) still remains methodologically disordered and open to further theoretical understanding. In this aspect, one of the main complications of the doctrinal division of law is: first, the lack of generally accepted criteria that would allow us to clearly determine what exactly should be considered a branch or institute; second, the high level of debatability of understanding the subject of legal regulation and its role in ensuring the systematicity of law, its structuring into branches or institutes. The above-mentioned issues are also characteristic of the doctrinal characteristics of intellectual property as a system of relations that are the subject of legal regulation, especially those issues that concern the role and significance of intellectual property in ensuring the systematicity of law, the isolation of intellectual property law as an independent component of such a system of law. Analysis of the views of scientists regarding the understanding of intellectual property and the characteristics of intellectual property law as a component of the system of law allowed us to conclude that in legal science the dominant is the normative approach, where intellectual property law is perceived as a consequence of the legalization of relations in the field of intellectual property. However, this approach is given a critical characteristic and the conclusion is substantiated that the relationship between the concepts of «intellectual property» and «intellectual property law» is not reduced only to a formal distinction or intra-industry legal analysis. It reflects the deeper processes of transforming a social phenomenon into a legal construct, the transition from a creative result to its legal support. This approach allows us to see not only the theoretical difference between the two categories, but also to reveal the dynamics of lawmaking as a reaction of law to the evolution of human values, innovations and cultural practices. It is generalized that the relationship between intellectual property and intellectual property law requires a comprehensive interdisciplinary analysis that goes beyond the legal discourse and encompasses sociological, philosophical, economic and cultural approaches. This relationship is not strictly subordinate, but conveys the logic of development: first a phenomenon (property) arises, then its legal understanding (law), and, ultimately, institutionalization in the form of a legal regime.