Contractual Regulation of the Assignment of Rights to Digital Property

Read full text
Authors: Галкин Никита Антонович
Cited by: 0

Abstract

The article examines the author’s approach to determining the legal nature of the transfer of rights to digital property. The author proposes the consolidation in the doctrine and practice of a new type of complex agree-ment – the agreement on the assignment of digital rights. The necessity of using cession in any transactions related to the transfer of rights to digital property is substantiated, and the theory of secondarity is put forward, which consists in the fact that relations on the alienation of digital objects are always secondary to the primary relations related to the realization of exclusive rights by copyright holders. In this regard, it is proposed to syn-thesize existing obligations for the transfer of certain types of digital property due to their different technical and legal nature. Particular attention is paid to the role of the information intermediary as one of the parties to the assignment of digital rights contract. Due to the secondary nature of the relationship, the information intermedi-ary, also the owner of the information system, facilitates the transfer of digital rights to objects classified as digi-tal property from the owner to the acquirer of the digital rights. Therefore, without this entity, the transaction cannot exist.

Fields of Study & Subjects

Digital Transformation in Law Intellectual Property Rights and Media Intellectual Property Law

Publication details

Journal / source
Теория и практика общественного развития
Issue
1
Pages
205–209
Publication date
25 February 2026
Language
EN