Bashuryn N. Scientific and technical information as an object of civil law.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102440

Applicant for

Specialization

  • 081 - Право. Право

30-09-2021

Specialized Academic Board

ДФ 20.051.027

Vasyl Stefanyk Precarpathian National University, State Higher Educational Institution

Essay

The dissertation is devoted to theoretical and legal research of scientific positions, ideas and approaches to definition of legal regulation of scientific and technical information as an object of civil legal relations, adaptation of the European legislation in the field of information law and intellectual property law to the national normative legal acts regulating legal relations, arise in connection with scientific and technical information. The author also considers the concept and specific features of scientific and technical information, its relationship with related objects of civil law, as well as types of scientific and technical information. The dissertation on the basis of the analysis of scientific developments indicates the complex nature of scientific and technical information as an object of civil law, in connection with which under different conditions scientific and technical information can be regulated by different branches of law, with priority of private law tools. The implementation in the national legal plane of the provisions of European legislation in terms of STI relates to such areas as: 1) digitization of the results of scientific and technical activities that have passed into the public domain; 2) reproduction and translation of the results of creative and scientific and technical activities with the help of technical means for the purpose of public presentation. The investigation identifies specific features of scientific and technical information, including: 1) information obtained as a result of certain areas of activity - science and technology; 2) it is in open access, as a general rule, with the possibility in some cases to be in limited or closed access; 3) it is regulated and protected by the norms of civil law under the condition of its objectification; 4) in the presence of signs of the object of intellectual property rights, the norms of the legislation in the field of intellectual property apply to it. Based on these features, the definition of scientific and technical information as information and / or data on domestic or foreign achievements of science, technology and production, obtained during scientific and technical, research and development, design and technological, production and other activities that can be stored on any media and, having acquired a material expression or electronic form, have the ability to acquire the characteristics of the object of property and / or obligation, or the object of intellectual property rights, while meeting the characteristics of novelty, originality and creativity.

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