CONSTITUTIONAL AND LEGAL ASPECTS OF DIGITAL INTELLECTUAL PROPERTY IN THE INFORMATION SOCIETY: UKRAINIAN CONTEXT UNDER WAR AND TECHNOLOGICAL TRANSFORMATION

Abstract

The article provides a comprehensive analysis of the constitutional and legal aspects of digital intellectual property in the context of the development of the information society and Ukraine's accelerated digital transformation under wartime conditions.It examines the impact of emerging technologies, particularly artificial intelligence (AI), blockchain, and non-fungible tokens (NFTs), on the transformation of traditional concepts of authorship, ownership, and creative freedom.Special attention is paid to the need for reinterpreting constitutional guarantees enshrined in Articles 41 and 54 of the Constitution of Ukraine through the lens of technological neutrality and contemporary digital realities.The study focuses on the challenges of identifying authorship in works generated with the use of artificial intelligence, as well as on the legal nature of ownership rights to digital assets, including NFTs.It also analyzes the role of the Constitutional Court of Ukraine in shaping the doctrine of digital rights and adapting constitutional interpretation to the challenges of the digital era.Particular emphasis is placed on the importance of digital intellectual property for Ukraine's post-war recovery, especially in the context of developing a national Digital IP Strategy aligned with European approaches and initiatives.The article substantiates the conclusion that the constitutional modernization of intellectual property law is necessary to ensure a balance between human rights, technological innovation, open access to knowledge, and national resilience.Such an approach will contribute to the harmonization of Ukraine's legal system with European and international standards while preserving the human-centered nature of legal regulation in the field of creative activity in the digital age.