ТО THE QUESTION OF LEGAL PROTECTION OF SCIENTIFIC DISCOVERIES: PHILOSOPHICALAND LEGALASPECT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
According to the philosophical and legal aspects of the content of state and public registration forms of discoveries it is possible today to discuss the necessity of such a system of legal protection of discoveries that would solve many issues related with the procedure of their recognition. Civil Code of Ukraine emphasizes the importance of recognition of scientific discovery at the national level and the necessity of accepting the rights of authors of discoveries. Scientific discovery is the highest result of research and can be conditionally divided into scientific discoveries of fundamental direction and scientific discoveries that are the base of new patentable solutions that are embodied, in time, in the inventions (scientific discoveries applied direction). Noteworthy philosophical and legal aspects of intellectual property, which provide considerable explanation of the legal processes that occur. Thus, postmodern provides opportunities to apply different models of legal structures that used to be perceived ambiguously. According to its existence becomes possible explanation of legal approaches, schemes, which, as postmodern, have their new interpretation, at the same time facilitating the perception of the basic concepts of law and, in particular, in intellectual property. An important example of this mechanism is the institute of patenting, well known both in the national legal framework and abroad. Therefore, the author, with the purpose of solving of legal protection of discoveries, offers to extend the possibilities of existing patenting institute by bringing to it some objects of intellectual property, including scientific discoveries of applied direction. The choosing of this way of safeguard and protection of scientific discoveries applied direction will provide an opportunity not only to take advantage of the experience already acquired patenting in this area, but also to ensure the rights of authors of discoveries.
Authors and Affiliations
Є. А. Булат
Keywords
Related Articles
- EP ID EP473402
- DOI -
- Views 83
- Downloads 0
ORGANIZATIONAL AND LEGAL PROVISION OF TRAINING OF PERSONS STUDYING AT HIGHER EDUCATIONAL ESTABLISHMENTS OF THE STATE CRIMINAL-EXECUTIVE SERVICE OF UKRAINE TO THE USE OF PHYSICAL FORCE, SPECIAL MEANS AND FIREARMS
The article is investigated to the urgency of the problem of analysis and clarification of the normative provision of training of persons studying in higher educational establishments with specific conditions of the Stat...
DEVELOPMENT OF LAW IN THE CONTEXT OF GLOBALIZATION PROCESSES: THE MAIN DIRECTIONS AND TRENDS
The article gives a description of the influence of globalization processes on the sphere of law, in particular on legal families and their evolution, the national systems of law and their interaction, on the general the...
THE ESSENCE OF INEFFICIENT USE OF LAND AS A SOCIALLY DANGEROUS ACT
The article is devoted to the clarification of the essence of non-economic land use as a socially dangerous act. The scientific approaches to the definition of the category of a socially dangerous act of crime for non-ec...
FEATURE OF QUALIFICATION OF VIOLATIONS OF FISHING RULES
The article reveals the topic of violations of the rules for catching fish in Ukraine. This topic is relevant. These studies make it possible to correctly qualify the actions in the sphere of violations of the rules of f...
PROBLEMS OF THE OBJECTIVE SIDE OF FINANCING ACTIONS COMMITTED WITH THE PURPOSE OF THE VIOLENT CHANGE, OVERTHROW OF CONSTITUTIONAL ORDER OR OCCUPATION THE STATE POWER, CHANGE OF THE TERRITORY OR THE STATE BORDER OF UKRAINE
The article is devoted to the study of the content of the objective side of the financing of the actions committed for the purpose of the violent change or overthrow of the constitutional system or the seizure of the sta...