出版社：Government of the Russian Federation, Financial University
摘要：The subject of the research is legal protection of results of scientific research. The relevance of the problem lies in the need to establish attributes of research works for the purpose of protecting exclusive rights in and to research findings obtained by educational budget institutions and to make distinctions between attributes of research works and other copyright objects. It is emphasized that the tax regime is an element of the legal framework for the results of scientific research and their commercialization. The purpose of the research was to establish criteria for the protection of a research finding and their referencing to the result of intellectual activity. Based on the conducted work, such protection criteria as novelty and originality of research products are proposed in view of the fact that any research is aimed at obtaining a definite scientific result reflected and communicated to the scientific community in a monograph, article, thesis, new product, device, etc. At the same time, a research finding may be represented by an idea not copyright protected. However, the paper asserts that if an idea has an objective form of expression, it may be subject to legal protection although limited because in a scientific work and in science itself there are important concepts, methods, processes, systems, etc. not covered by copyright protection under Clause 5 Article 1259 of the Civil Code of the Russian Federation. The paper concludes that works of science are more individualized and cannot be repeated, as compared with works of art and literature. Therefore, it is proposed that scientific research findings should be regulated with more accuracy. The legal framework for the results of scientific research should be based on a set of legal instruments to ensure their utilization procedures.
关键词：научные исследования; интеллектуальная деятельность; оборот исключительных прав; научные произведения; новизна; оригинальность; научное содержание; авторское право; научные открытия
