Problems of Civil Regulation of the Use of Digital Rights in Venture Investment

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Abstract

The purpose of the research. The article examines the features of the legal regulation of the circulation of utilitarian digital rights in Russia in the field of venture investment in order to identify ways to intensify the use of this tool to attract financing for innovative projects.

Results. An analysis of the legislation of the Russian Federation on the circulation of digital rights was carried out, and it was concluded that the potential for using these assets in venture investment is not realized in practice, since the law prohibits the issuance and circulation of utilitarian digital rights that establish the obligation to transfer property subject to state registration. In particular, this entails the impossibility of issuing utilitarian digital rights tied to the transfer of rights to objects of patent law. It is noted that there are currently infrastructure solutions that in the future may serve as the basis for expanding the use of digital rights in venture investment, if legal barriers are eliminated and in the case of mandatory connection to the information system in which the issuance of utilitarian digital rights is carried out, authorized registration bodies and legislative regulation of the procedure for the exchange of information between participants in such a system and registration authorities. It is concluded that in the field of intellectual property, the RCIS.RF system could serve as an organizational and technological basis for the implementation of these proposals, subject to the removal of legal barriers.

About the authors

Natalya V. Svechnikova

Plekhanov Russian University of Economics

Author for correspondence.
Email: nsvech@mail.ru
Scopus Author ID: 801262

Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Civil Law Disciplines of the Graduate School of Law

Russian Federation, Moscow

Vitaly V. Khramushin

Plekhanov Russian University of Economics

Email: hramushin.vv@rea.ru
Scopus Author ID: 1080528

Cand. Sci. (Law), Associate Professor of the Department of Civil Law Disciplines of the Higher School of Law

Russian Federation, Moscow

Anton V. Gurko

Plekhanov Russian University of Economics

Email: Gurko.AV@rea.ru
Scopus Author ID: 819605

Cand. Sci. (Law), Senior Lecturer of the Department of Civil Law Disciplines of the Graduate School of Law

Russian Federation, Moscow

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