The paper is a review of the regulatory framework of the Russian-American cooperation in science and technology. The authors analyse the interstate and intergovernmental agreements concluded by Russia and the United States in this field (1992 Agreement between the Russian Federation and the United States of America on Cooperation in the exploration and use of outer space for peaceful purposes, 1993 Science and Technology Cooperation Agreement between the Government of the Russian Federation and the Government of the United States of America, 2013 Agreement between the Government of the United States of America and the Government of the Russian Federation On cooperartion in nuclear- and energy-related scientific research and development). The paper highlights the key problems of legal regulation and provides specific examples of the implementation of the provisions of bilateral agreements, in particular, joint Russian-American projects in the area of space, scientific, technological and educational cooperation (the program «Soyuz-Apollon», international project «International Space Station», the Russian Academy of Sciences and the US scientific institutions cooperation agreements). In conclusion, an attempt is made to identify the main trends in the development of the legal framework for cooperation between Russia and the United States in the scientific and technological field.
The paper is a review of the case law of the United States of America, Canada and Australia, in which an attempt is made to answer the question on possibility of human gene patenting. The paper substantiates the relevance of this issue, examines the ethical aspects of gene patenting. The author analyzes the landmark and most significant cases from the point of view of the development of patent law of foreign countries: Diamond v. Chakrabarty (USA), Association for Molecular Pathology v. Myriad Genetics (USA), Myriad v. Cancer Voices (Australia), The Children’s Hospital of Eastern Ontario (CHEO) v. Transgenomic (Canada). In the analysis, the author gives special attention to the arguments and conclusions of judicial institutions regarding the patentability of human genes. A conclusion is drawn regarding the continuity and possible harmonization of legislation and judicial practices of both the states mentioned in the paper and countries that have just embarked on the development of biomedical technologies.
The paper examines the best practices of the European Union and its member states, as well as the United States of America in terms of legal regulation of the relationship between intellectual property law and regulatory framework that provides open access to research results and scientific information. The authors note that the scope of protection provided for research results in the two largest jurisdictions — the European Union and the United States of America — varies. It is emphasized that, although the implementation of the principles of protecting the results of scientific research provided for by supranational and national legislation is based on contractual agreements between authors, publishers and universities, the framework established by the copyright regime is a determining factor in the form in which these agreements take on. At the end of the paper the authors conclude that there is harmonization of the analyzed supranational and national legal regimes. The authors point out that supranational and national copyright regimes should create favorable conditions for the dissemination and reuse of state-sponsored scientific publications.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.