The development of digital technologies has predetermined a new vector in the formation of intellectual property of educational organizations, which entailed the need to establish a balance, which, on the one hand, should ensure the effective achievement of the goals set by the legislator in terms of the effectiveness of educa-tional services provision and, on the other hand, ensure the economic stability of their existence. The novelty of the problem is directly expressed in the frameworkof the digital space formation, which determines the processes of gradually occurring commercialization of education and the growing need to protect the intellectual activity results. The purpose of the study is to identify and establish the characteristic features of intellectual property in educational organizations in the context of digitalization, as well as to determine the foundations of legislative regulation of the public relations in question and the enforcement of relevant norms. The methodological basis of the study is formed by general scientific methods (analysis, synthesis, deduction, induction, comparison) in combination with special methods of a legal nature (formal legal and comparative legal methods, method of law interpretation). The results of the work consist in the established aspects that determine the progressive introduction and development of technological capabilities in educational activities, including increasing the level of openness of educational materials through their placement in accessible online and educational resources, as well as the need to improve legislative norms in terms of commercialization and protection of intellectual rights.