Ensuring of human rights to the objects of an intellectual property and information in the sphere of scientific activities - Статья

UDC 342.7:001.89 Ensuring of human rights to the objects of an intellectual property and information in the sphere of scientific activities T.O. Protsenko, Doctor of Law, professor, D.V. Smernitsky, Candidate of Law Paper deals with the issue of rights to intellectual property and information in the field of both research and scientific and technical developments, as well as these rights in the context of universal human rights are studied. The relations between intellectual property and scientific information are set up. Regulations regarding the maintenance of the rights of intellectual property and the regulation of the information sphere are considered. Keywords: information, intellectual property, general human rights, scientific activity, scientific and technical activities. Intellectual property in today’s world occupies an important place in the society and in the relations of both legal and physical entities of society. These objects are mostly created in the process of human creativity, i.e. in cultural and scientific activities, scientific and technological research and developments. It is also possible to argue that the information plays a key role in scientific and technical activities. After all, research is always based on the existing information about the results of previous studies and discoveries. These developments and the results of scientific research constitute intellectual property. That intellectual property is a part of scientific information, and such information as a whole. Given the above mentioned, the human rights of intellectual property and information is a hot topic of the research, including the field of science. The Universal Declaration of Human Rights [1], adopted and proclaimed by the General Assembly resolution on December, 10, 1948 determines (Art. 19), that every person has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. In addition, according to Art. 27 of the Universal Declaration of Human Rights [1] everyone has the right to participate freely in the cultural life of the community, to enjoy the arts and to take part in scientific advancement and to use its benefits, as well as the protection of moral and material interests resulting from any scientific, literary or artistic production the author of which he is. Consequently, the Universal Declaration of Human Rights [1] establishes the right to information, research activities and the protection of the results of these activities, and that intellectual property created in the course of research and scientific and technical developments. Translated from Latin «information» (information) - this clarification, the idea [2, p. The concept of “intellectual property” is understood in the sense declared in the Convention “About the Establishing of the World Intellectual Property Organization”, signed in Stockholm, on July, 14, 1967. Art. 2 of the Convention states that “the intellectual property” includes rights that relate to: 1) literary, artistic and scientific works; 2) executive activities of artists, sound recordings, radio and television; 3) inventions in all fields of human activity; 4) scientific discoveries; 5) industrial designs; 6) trademarks, service marks, trade names and commercial signs; 7) protection against unfair competition; 8) all other rights relating to intellectual activity in the industrial, scientific, literary and artistic fields [5, 8; 6, p. 2, pp. VIII].In turn, the legislation of Ukraine the term “intellectual property” is defined as: “... the right of a person for the result of intellectual activities or other intellectual property rights object defined by this Code and other laws. Intellectual property rights are moral rights of intellectual property and (or) intellectual property rights, which contents for certain intellectual property rights is determined by this Code and other laws” [7, p.