The problem of determining the right of virtual property as an object of legal relations

Keywords: virtual property, virtualization, intellectual property, intangible objects, property rights, informatization

Abstract

The article presents the result of research of scientific works and practical applications of the concept of virtual property law. It
is proposed to recognize the objects as property in order to be able to properly protect them in accordance with the law. Virtual property
is represented as ownership of intangible objects that act as a reflection of certain properties of tangible or intangible things. Virtual
property objects are considered through the features: competitiveness, stability, interaction, value added by the user. The objects of ownership
in the virtual environment include computer programs, databases, websites, multimedia works, works of network art, domain
names, digital content, this is to say information content of the Internet (both published work in digital form and any other information:
digital music, video streaming, computer games). But these are only part of the terms that are officially enshrined in domestic law. The
virtual environment is a three-dimensional version of the real world - a phenomenon with tens of millions of users worldwide and a
turnover of tens of billions.
To better distinguish these rights, we need to give the virtual property signs.
1. Competitiveness of virtual property. That is, a property of an object for which it can be controlled by one person at a time.
2. Sustainability – A virtual property will not cease to exist when the computer is turned off, unlike an intellectual property.
3. Interaction – not only the author has access and can interact with the object, but other participants in cyberspace are involved.
Virtual objects are actively involved in the circulation of goods on a par with material things.
4. The value added by the user – the unique design of the site, interesting information that is placed there, and much more that
can increase the price of the object.

References

1. Masuda Y. The Information Society as Post-Industrial Society / Y. Masuda; Institute for the Information Society. – Washington, D.C.: Pub. WorldFutureSociety, 1981. – 171 р.
2. Ennan R. Pravovyi rezhum “Virtualnoi vlasnosti” ^ Ponyattya, oznaku, sutnist I pravova pruroda. Teoriya I practuka intelektualnoi vlasnosti 3/2019. – 125 c.
3. Kharutonova O.I., Kharutonov Y.O. Virtualna vlasnist ta pravo intelektualinoi vlasnosti//Spogadu pro Liudunu, Vchenogo, Tsivilista – epohu; za zag.red. R.O. Stefanchuka. – K.: ArtEk, 2017. – 734 c.
Published
2020-11-10
How to Cite
Tymoshenko, Y. (2020). The problem of determining the right of virtual property as an object of legal relations. Law Review of Kyiv University of Law, 1(3), 264-267. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/510
Section
Intellectual property law issues