Legal Protection of Discovery: An Alternative to the Exclusive Right to the Result of Scientific Activity
- 10.2991/assehr.k.201205.045How to use a DOI?
- science, discovery, exclusive right, open access
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.
- © 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 - 10.2991/assehr.k.201205.045 ID - Murzin2020 ER -