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Title article: Copyright and other related rights to “digital twins” of production facil-ities: problems of legal regulation and development prospects in the Russian Federation
UDC: 34
Section: LAW
Authors: Vitaly V. Goncharov;Sergey V. Bezuglov;Oleg N. Malinovsky;Lyudmila A. Spector;Olga V. Grishchenko
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The article is devoted to a comprehensive analysis of the problems of legal regulation of copyright and related rights in relation to “digital twins” of production facilities in the Russian Federation. The purpose of the study is to identify the legal nature of the digital twin as an object of intellectual property rights, identify potential copyright holders, and analyze gaps and conflicts in current legislation. The work uses a number of scientific research methods, in particular: formal-logical; comparative-legal; historical-legal; method of analysis of specific legal situations; statistical; sociological. The author comes to the conclusion that the digital twin is a complex composite object, including elements protected by copyright (software code, 3D models, interfaces), related rights (databases) and know-how. It is noted that the key problems are related to the differentiation of rights to source data and a derivative digital product, to the definition of the regime of rights to a digital twin created as part of the execution of a work contract or under a government contract, as well as to the protection of algorithms and processes (know-how) that are inexpressible in an objective form. In the future, in order to stimulate the development of Industry 4.0 technologies, it is necessary to adapt the existing norms of the Civil Code of the Russian Federation through clarifications from the higher courts and the development of standard contractual models that take into account the life cycle of a digital twin and the interests of all participants in its creation and operation.

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