Some aspects of legal regulation of scientific discovery in geology as an object of intellectual property

Abstract

The article conducts research and analysis of the state of legislative regulation of intellectual property rights for scientific discovery in geology. The concept of intellectual property right and expediency to recognize scientific discovery as object of intellectual property right are considered. This takes into account the fact that, once a scientific discovery is made public, it becomes a public domain and can be freely used by any interested person. The legislative definition of the concept of «scientific discovery» and the list of geological discoveries, to which the norms of the Civil Code of Ukraine on scientific discovery do not apply, are resulted.The article shows an imperfect state of the question on possibility of protection of the right to scientific discovery and its protection due to absence of legislative regulation in this sphere. The author of the scientific discovery may give the discovery his name or a special name. The author’s right to scientific discovery is certified by a diploma. It is noted that authorship for scientific discovery requires legal regulation, because there is no certainty as to whether foreigners, stateless persons or only citizens of Ukraine can be the authors of a scientific discovery in Ukraine.It is noted that the current legislation of Ukraine does not regulate what activities can be carried out scientific discovery. To date, it has not been established whether scientific discoveries can only be made on the basis of experiments conducted in a laboratory or in the course of any other activity. It is noted that the legislation of Ukraine contains gaps in the regulation of the concept of «scientific discovery» in general and in the field of geology, including. Therefore, there is a need to develop a law that will regulate the protection of the right to scientific discovery, the detailed procedure for acquiring the right to scientific discovery, the list of subjects of the right to scientific discovery, an exhaustive or non-exhaustive list of activities in which scientific discovery can be made, as well as the regulation of relevant activities.