CHALLENGES IN PROTECTING INTELLECTUAL PROPERTY RIGHTS DURING DATA SHARING

Аннотация

This thesis investigates the problems arising in the context of intellectual rights protection during data sharing. While data sharing offers significant benefits such as accelerating innovation and enhancing product and service quality, it also introduces complex legal and ethical challenges, particularly concerning intellectual property rights. The research categorizes these challenges into three main areas: conflicts over copyright, patent infringements, and trade secret violations. Through a detailed analysis, the thesis explores specific cases where these issues manifest, including unauthorized use of copyrighted materials, unlicensed use of patented technologies, and improper disclosure of trade secrets. The study emphasizes the importance of understanding these conflicts to develop effective legal and strategic frameworks for their resolution. Additionally, it examines various conflict resolution methods, both formal and informal, and their implications for maintaining sustainable business relationships. The findings aim to provide a comprehensive understanding of the intellectual rights issues in data sharing and offer practical solutions for mitigating these challenges. Keywords: Data sharing, intellectual rights, intellectual property, information exchange, intellectual property disputes, data sharing problems, copyright, trade secrets, patent coflicts. Data sharing can accelerate innovation processes, improve the quality of products and services, and facilitate research and development. This practice is a domain-independent process that involves granting third parties access to one’s databases. These third parties can include other companies, individuals, or government institutions. Aggregated data is often utilized to develop new applications and services. The purposes for which data can be used and how they are presented are determined within the framework of legal agreements between data providers, government consumers, and other stakeholders (Jussen and others, 2023), depending on the specific use case. 119 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference Each forms of data sharing process presents unique challenges and opportunities, requiring tailored approaches to ensure secure, efficient exchange of data. However, despite these clear advantages, intellectual property disputes frequently arise during the data-sharing process. Intellectual property rights, including copyrights, patents, trademarks, and trade secrets, are crucial for protecting creativity and innovation. In a data- sharing environment, conflicts related to these rights can emerge, posing both legal and ethical dilemmas. Understanding the nature and causes of these conflicts is essential for developing effective strategies for their resolution and prevention. Possible problems related to the topic can be categorised as follows: a) Conflicts between parties regarding the violation of intellectual rights in the practice of information exchange: in this case, during participation in general joint research projects, one party appropriates unpublished or unpatented information or invention belonging to the second party, to third parties share or publish; b) In the process of exchanging information, one of the users includes copyrighted, patented or confidential information for mutual use; c) Copyright infringement of the platform or software on which the data sharing process is carried out. It can be said that the category A mainly involves following issues: 1. Copyright conflicts; 2. Patent disputes; 3. Trademark conflicts 4. Leakage of trade secrets One of the most common disputes in the data-sharing process is copyright infringement. For example, sharing scientific articles, software, or multimedia materials may raise questions about the legality of using and distributing these works. As Pr. I. Rustambekov (2016) notes, nowadays the majority of offenses on the Internet are directly related to copyright infringement when the distribution of works without the permission of copyright holders. This type of infringement occurs when one of the participants uses copyrighted information without the proper permission of the copyright owner. Copyright protects original works in literature, music, art, and other fields, giving authors the exclusive right to use and distribute their works. Another prevalent issue is patent infringement, which occurs when information containing patented technologies or methods is used or distributed 120 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference without the permission of the patent owner. Patents grant exclusive rights to use, manufacture, and sell inventions, thereby protecting innovative technical solutions in various fields. Illegal use of such technologies can have serious legal and financial consequences for violators. Examples of patent infringement include manufacturing and selling products contain