DOI: 10.25136/2409-7136.2020.9.34183

Abstract: The subject of this research is the legal norms that regulate legal relations in the context of application of blockchain technology and smart contracts based on it in the area of online advertising and intellectual property. The object of this research is the social relations emerging in the indicated spheres. Analysis is conducted on the concepts and characteristics of blockchain technology and smart contracts. The author also reviews some controversial theoretical and practical issues, such as terminology, legal nature of blockchain, smart contracts, and related concepts. Examples are provided of the currently existing blockchain platforms and services premised on them. The novelty of the conducted research consists in focusing on the relevant problems that emerge in the conditions of network economy in such spheres as online advertising and intellectual property. On the example of blockchain platforms functioning in the indicated spheres, the author reveals the problems the can be resolved using such technologies. The author also underlines certain practical difficulties that arise in the process of application of blockchain and smart contracts, particularly associated with the absence of legal definition of a number of concepts. The examples of corresponding court decisions are provided. A proposal is made on the need for consolidation on the legislative level of definitions of such concepts as “blockchain”, “smart contract”, “cryptocurrency”, and “token”.

DOI: 10.25136/2409-7136.2020.8.33902

Abstract: The subject of this research is the legal norms aimed at legal regulation of relations in the field of contextual advertising on the Internet. The object of this research is the public relations emerging in the process of creation, placement and consumption of contextual advertising. The author examines such question as the general concept of advertising and its legal definition, as well as essence, characteristics and legal regulation of contextual advertising. Special attention is given to protection of exclusive rights with regards to means of individualization in the process of arrangement of contextual advertising using the keywords, including trademarks and commercial designations, as well as mechanism for the protection of an infringed right and liability the corresponding infringement. The novelty of this work consists in determination of the existing approaches of courts and the Federal Antimonopoly Service of the Russian Federation applicable to the concept, definition and relevant issues of legal regulation of contextual advertising, including the questions of infringement of exclusive rights for means of individualization in arrangement of contextual advertising, which ultimately resulted in development of original approach towards definition of the concept of “contextual advertising”. The author resumes and concludes on the need for legislative consolidation of legal definition of the concept of “contextual advertising” with an indication of corresponding formulation.

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