Abstract
The problem of legal protection of scientific research results is of growing interest nowadays. However, none of the three hitherto existing rights (the right for trade secrets, patent and copyright) is able to fully take into account the characteristics of scientific activities. In Russia, the problem of legal protection of scientific research results has been developed actively since the 50-ies of the last century, in connection with the introduction of the system of state registration of scientific discoveries. A further concept allowed for not only the registration of discoveries, but also the entire array of scientific results. However, theoretical applicability of exclusive rights institutions in the sphere of science remained unstudied. The article describes a new system, which is not fixed in legislation and remains unnoticed by the vast majority of researchers. That is the institution of scientific and positional rights, focused on the recognition procedure of authorship, priority, and other characteristics of intellectual scientific results value. In case of complex intellectual results, comprising scientific results, the recognition of result-oriented exclusive rights proves to be unsustainable. This circumstance urges us to foreground the institution of scientific and positional exclusive rights. Its scope is budget science where non-fee published scientific results are generated. Any exclusive right to use open scientific results is out of the question. The sphere of open (budget) science is dominated by scientific and positional exclusive rights, sanctioned both by the state (S-sanctioned), the bodies of the scientific community (BSC-sanctioned) and scientific community (SC-sanctioned) rights.
Highlights
In Russia, the problem of legal protection of scientific research results has been developed actively since the 50-ies of the last century, in connection with the introduction of the system of state registration of scientific discoveries
As early as the 20-ies of the last century, there arose a discussion in foreign literature on the issue of the so-called "scientific intellectual property"
It implied the right of the authors of scientific results, used in creating inventions, to share the income generated from the commercial use of these inventions [2]
Summary
This content has been downloaded from IOPscience. Ser. 781 012064 (http://iopscience.iop.org/1742-6596/781/1/012064) View the table of contents for this issue, or go to the journal homepage for more Download details: IP Address: 24.1.25.206 This content was downloaded on 07/03/2017 at 16:05 Please note that terms and conditions apply. You may be interested in: European science: myth or reality? G R Bishop Field Emission from Superconductors Jun Kudo and Shogo Nakamura Latest research results on the effects of nanomaterials on humans and the environment: DaNa – Knowledge Base Nanomaterials C Marquardt, D Kühnel, V Richter et al GEOMETRY OF THE HUBBLE SPACE TELESCOPE WIDE FIELD/PLANETARY CAMERA FIELD Andrew Gould and Brian Yanny S.I. VAVILOV—EMINENT SCIENTIST AND LEADER OF SOVIET SCIENCE A N Nesmeyanov 2016 International Conference on Environmental Engineering and Sustainable Development (CEESD 2016)
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