Introduction of Genomic Research Results into the Economy Through the Legal Regime of Intellectual Property (by the Example of Circadian Gene Research)

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The article discusses the legal regulation of interrelated intellectual property and genomic research results within the transition of the Russian Federation to the digital economy. The relevance of the issue under research is determined by the need to improve legislation on the legal regulation of genomic research related to achieving the purposes set out in the national program “Digital economy of the Russian Federation.” The purpose of the paper is to determine the main directions for improvement of the regulatory framework relating forms and methods of using the genomic research results and effective legal mechanisms for the application of the intellectual property to fulfill the Digital Economy program. The main approaches of the research are cross-sectoral, dialectical and systemic. These approaches make it possible to comprehensively study whether the regulatory framework applies to intellectual property to solve the problems of the introduction of genomic research results within the implementation of the national program “Digital Economy.” Results: the paper investigates the current status of legal regulation of genomic research and discovers the peculiarities of the application of the intellectual property to solve the problems of introducing the results of similar research into the economy. We described the applicability of individual intellectual property objects in the field of introducing the genomic research results, including production secrets (know-how), databases and works of science. We state that the most suitable legal regime for introducing the genomic research results into civil commerce will be the legal regime of copyright law objects.