The Results of Scientific and Technological Activities: Possibility of Legal Protection

The legal regulation of science in Russia today is imperfect. This is especially noticeable in the example of the legal regimes of the results of scientific and technological activities. Neither domestic legislation nor scientific doctrine offers a detailed classification of such results. At the same time, the solution of the issue of effective protection of the rights of scientists to the results of their intellectual activity depends on this. The purpose of this work is to highlight and analyze the existing types of results of scientific and research activities from the point of view of the prospects for their legal protection. To achieve this goal, different methods were used. The comparative analysis made it possible to show the differences between different types of results of scientific and scientific and technical activities. The formal legal method made it possible to assess the state of Russian legislation in terms of regulating relations regarding the creation of the results of scientific and technical activities. As well as a comparative legal method, the application of which made it possible to evaluate international and foreign experience in regulating issues related to the legal regimes of scientific research results. The author proposes several classifications of the results of scientific and scientific and technical activities, using such criteria as the form of expression and content of such a result (results that are intellectual property and results that cannot be granted the intellectual property regime), as well as the sequence of creating the results of scientific and scientific and technical activities (primary and secondary results). The question is raised about the expediency of fixing provisions in domestic law that reflect the content of the concept of open science. In addition, proposals were formulated to improve Russian legislation in terms of introducing measures to increase the effectiveness of protecting the rights of subjects of scientific and scientific and technical activities to the results of research and development.