The article covers international scientific and technical cooperation as one of the modern diplomacy tools, with considerable emphasis on the French and Russian approach thereto. It is emphasized that both Moscow and Paris regard this issue as one of the directions of its foreign policy. Particular attention is paid to the review of key national regulatory acts of both states in the designated sphere, as well as international treaties concluded by the Russian Federation or France with third States on international scientific and technical cooperation. Specific examples of such joint scientific and technical projects and activities are revealed, with a focus on the features and needs of the regions or parties to the agreements. The conclusion is made on the efficiency of measures and decisions taken by the Russian Federation and France, as well as on the possibility and practicability of borrowing the French experience for the Russian foreign policy and vice versa. The article will be relevant to practicing lawyers, researchers, students and everyone who is interested in international scientific and technical cooperation.
The paper explores the process of open science evolvement as one of the most distinct trends in scientific research in the modern world. The author notes that freedom of science has not yet received a direct confirmation in international legal sources in the field of human rights protection; still it is mentioned in the constitutions of a number of states. A comparative analysis of the issue on the European and African continents shows a significant gap. In the European Union, attempts are being made to transfer regulation to the supranational level (for example, the post of European Union Special Envoy for Open Science was established), while free access to research results in Africa is provided largely by non-governmental associations and private projects (such as SOKHA, LIREAGE, SYRAM). The history of the problems and the current state of affairs in the European Union and Africa are revealed, the features and development prospects are highlighted.
The paper analyzes the key supranational public procurement instruments adopted within the framework of the West African economic and monetary Union, especially the legally binding directives (Directive 04/2005 on the award, performance and payment of public contracts and Directive 05/2005 on the control and regulation of public procurement), which require further implementation into the national legislation of the member states. Special attention is given to the documents that, although they are advisory in nature or only indirectly affect the issue under study, but have had a significant impact on the formation of directives — the Regional program for improving the efficiency of public procurement and the UEMOA Code on transparency in public finance management. The principles of legal regulation of public procurement in the UEMOA are revealed: the principle of cost — effectiveness and efficiency of procurement; the principle of free access to the public procurement market; the principle of equal treatment of candidates and mutual recognition; the principle of transparency, rationality, modernity of procurement procedures and the possibility of tracking them; the principle of non-discrimination on the basis of nationality in relation to enterprises of the UEMOA member states and the principle of non-violation of competition when transferring a state contract to subcontracting; de minimis principle. A brief description of the procedures for awarding public contracts established in this organization, namely tender (there are several varieties of tender, the main of which are open and closed) and procurement from a single supplier. Some aspects of the legal regulation of public procurement in UEMOA are compared with other integration associations, in particular with the European Union and the Common market of South America (MERCOSUR).
The focus of this paper is one of the key cases in the field of protection of the results of intellectual activity considered by foreign courts in recent years — the «Oracle v. Google» case. The authors analyze the background of the case, focus on the main conclusions made by the American court in the course of the dispute. Particular attention is given to the protection of copyright in relation to the lines of code, as well as aspects of patent protection. The authors assess the conclusions of «American Themis» and forecast the impact of this decision on the protection of the rights of subjects of scientific and technological activity. In the context of Oracle v. Google the authors compare the practice of the Court of Justice of the EU as a judicial institution of the European Union. In particular, following the case of SAS Institute Inc. v World Programming Ltd, which is under consideration in the Court of the EU, the authors compare the American and European approaches to the problem of protection of the program code by legal means. In conclusion, the authors attempt to identify the possible risks for the subjects of scientific and technological activities (primarily for software developers) inherent in the decision in the case of Oracle v Google.
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