Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)

Legal Protection of Discovery: An Alternative to the Exclusive Right to the Result of Scientific Activity

Authors
D.V. Murzin
Corresponding Author
D.V. Murzin
Available Online 7 December 2020.
DOI
https://doi.org/10.2991/assehr.k.201205.045How to use a DOI?
Keywords
science, discovery, exclusive right, open access
Abstract

The article analyzes the experience of legal protection of scientific discoveries in the legislation of the USSR. The author explores the features of the results of scientific activity as objects of copyright and patent law. The researcher concludes that the legal protection of the results of scientific activity by means of intellectual property law is inadequate due to the absence, as a rule, of a scientific result of signs of objects of both copyright and patent law. The author considers current trends in the use of scientific results, which include the requirement of free access to results and their publication on the basis of an open license (“OA2020 Initiative”). The researcher concludes that the current trends in the legal protection model of discovery are consistent. The scientist proposes to create an alternative legal protection of the results of scientific activities within the framework of intellectual property law. This protection system occupies an intermediate position between the protection systems provided by copyright and patent law. The researcher suggests using elements of the legal construction of the right to discovery when creating this alternative system of protection. The significance of the research is expressed in the fact that the modeling of special rights to a scientific result has been performed. These rights are included in the system of intellectual rights (intellectual property), but occupy an intermediate position between copyright and patent rights for the result of intellectual activity.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
7 December 2020
ISBN
978-94-6239-290-8
ISSN
2352-5398
DOI
https://doi.org/10.2991/assehr.k.201205.045How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - D.V. Murzin
PY  - 2020
DA  - 2020/12/07
TI  - Legal Protection of Discovery: An Alternative to the Exclusive Right to the Result of Scientific Activity
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 256
EP  - 262
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.045
DO  - https://doi.org/10.2991/assehr.k.201205.045
ID  - Murzin2020
ER  -