THE EVOLUTION OF LEGAL REGULATION OF SCIENTIFIC DISCOVERY AS AN OBJECT OF INTELLECTUAL PROPERTY

Abstract

The article is devoted to the theoretical investigation of the development of normative regulation concerning the social relations regarding the procedure for granting legal protection to scientific discoveries, as well as the social relations associated with establishment, examination, registration, and utilization of scientific discoveries. In particular, attention is given to the concepts of "creativity" and "creative intellectual activity" of individuals, closely linked to intellectual property rights; exploration of scientific opinion on the regulation of relations concerning scientific discoveries as objects of intellectual property rights; and examination of the entire array of contemporary regulatory acts directly or indirectly regulating the investigated relations.

The authors draw conclusions regarding the absence of comprehensive studies on scientific discoveries as objects of intellectual property rights, as well as the lack of specialized legislation regulating relations concerning scientific discoveries. A significant milestone in the evolution of legal regulation of scientific discoveries as a distinct object of intellectual property rights was the Draft Law "On the Protection of Rights to Scientific Discoveries" dated December 14, 2004, No. 6414, which defined the procedure for granting legal protection to scientific discoveries and aimed to protect the personal non-property and property rights of authors of scientific discoveries. However, it did not come into force, and its provisions have lost their relevance in the present stage.

The necessity for proper regulation of the outlined relations is an important measure for safeguarding the rights to scientific discoveries, ensuring the development of new technologies, and preventing infringements in this field. Additionally, the authors argue that there exists a global tradition where scientific discoveries hold extremely high value for all humanity and societal development. The significance of developing/improving and ensuring the protection and defense of the sphere of intellectual activity contributes to the development of the country and its positive image on the global stage and in relations with other states, attracting funding to various spheres of public life.

The methodological foundation of the study comprised a range of general scientific and specialized scientific methods, including general scientific methods (induction and deduction method, systemic analysis method, analogy method, dialectical method) and specialized methods of legal phenomena cognition (historical-legal, comparative-legal, formal-legal, and logical methods).