INTELLECTUAL PROPERTY IN THE LEGAL SYSTEM AND LEGAL CONCEPTS OF THE LAWYERS OF ANCIENT ROME

Abstract

In the work, the author focuses on the relevance of the research topic, the purpose of which is to study the history of the formation of ideas about property and intellectual activity, presented in the views of the lawyers of Ancient Rome. The following methods were used in the research process: an axiological methodological approach, which determined the strategy of scientific research, and a historical-legal method. The results of the research are a set of provisions that characterize intellectual property as an object of perception in the period of antiquity, namely: it was concluded that intellectual activity is an exclusive prerequisite for the emergence of intellectual property, which is created by a person and later becomes both individual and public property. Thus, intellectual property acquires a corresponding value content, which is determined by the needs, interests, cultural features and level of development of a specific social environment. Despite the ancient foundation of the emergence of intellectual property in society, it is emphasized that intellectual property as a legal and scientific phenomenon appeared not so long ago, namely in the Enlightenment period of the development of European political and legal thought. However, for the final legal and scientific separation of intellectual property, it goes through a long period of birth and development of the first ideas about intellectual activity and its results, where its understanding in the views of the lawyers of Ancient Rome and legal support is of great importance. The content of the work reveals and analyzes the views of Roman lawyers on the issue of ownership and rights to it, examples of legal protection of the creation and circulation of incorporeal (intangible) objects are given. Taking into account the conducted analysis, the author made a number of conclusions, namely: in fact, already in the times of Ancient Rome, not only worldviews, but also legal ideas were formed, which later determined the cognitive basis for distinguishing intellectual property and its perception as an important and integral component of the life of society. In particular, we are talking about: 1) the identification of the first objects of the intangible world (works of art, theater, literary sources, etc.), their recognition as a general social asset and the result of human intellectual creativity, on the one hand, and the corresponding author(s), who associated with such objects of the intangible world, being vested with relevant interests in their existence, use, distribution, protection and protection; 2) recognition of the importance and irreplaceability of the state and legal guarantee of the inviolability of the rights and interests of subjects related to the creation, circulation, protection, and use of objects of the material and immaterial world; 3) establishing at the legal level the rights and means of guaranteeing the interests of subjects in the objects of the intangible world, preventing their violation.