Application of the Institution of Exclusive Rights in the Field of Science

The problem of legal protection of scientific research results is of growing interest nowadays. However, none of the three hitherto existing rights (the right for trade secrets, patent and copyright) is able to fully take into account the characteristics of scientific activities. In Russia, the problem of legal protection of scientific research results has been developed actively since the 50-ies of the last century, in connection with the introduction of the system of state registration of scientific discoveries. A further concept allowed for not only the registration of discoveries, but also the entire array of scientific results. However, theoretical applicability of exclusive rights institutions in the sphere of science remained unstudied. The article describes a new system, which is not fixed in legislation and remains unnoticed by the vast majority of researchers. That is the institution of scientific and positional rights, focused on the recognition procedure of authorship, priority, and other characteristics of intellectual scientific results value. In case of complex intellectual results, comprising scientific results, the recognition of result-oriented exclusive rights proves to be unsustainable. This circumstance urges us to foreground the institution of scientific and positional exclusive rights. Its scope is budget science where non-fee published scientific results are generated. Any exclusive right to use open scientific results is out of the question. The sphere of open (budget) science is dominated by scientific and positional exclusive rights, sanctioned both by the state (S-sanctioned), the bodies of the scientific community (BSC-sanctioned) and scientific community (SC-sanctioned) rights.