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
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