The Investigation of Peculiarities of the Occurrence of Subjective Civil Rights in Registration of a Patent

Abstract

The main aspects of the impact of patents on technological and social development have been highlighted, and it has been suggested to adapt a powerful world experience in this field. The key aspects of the innovation process and the protection of the results of scientific and technical action with the help of patents, and the peculiarities of the occurrence of subjective civil rights are considered. The authors of the paper analyze the current legislative provisions and determine the direction of its development in the context of globalization. The article explores the theoretical construct of these relations and provides an analysis of civil legislation as applied to industry standards of economic legislation. The practical significance of the study is determined by the fact that the application of the developed provisions will facilitate the harmonization of national legislations in the formation of legal systems. The aim of the article is to supplement and clarify the ideas about patent and of subjective civil rights. The factors that influenced the development of the doctrine civil rights have been considered, in particular, taking into account the experience of European countries.

Big Data as the subject of a transaction in civil turnover under the law of the Russian Federation

“…For example, members of the Big Data Association, which unites major corporations in this area (Megafon PJSC, Rostelecom PJSC, Sberbank PJSC, etc.) consider the introduction of a single term "big data" inexpedient, because the category of processed information is constantly changing, and the term itself serves as a kind of metaphor, which does not allow giving it a clear legal definition (Iasechko et al, 2020).…”

“…The scientific literature also raises the problem of protecting the rights of those people who carry out the formation of "big data" associated with the impossibility of recognizing their automated analytical processing with the use of creative work and the spread of the norms of intellectual property on these results. Nevertheless, currently the civil law protection of the interests of persons engaged in the collection and automated processing of "big data" is carried out through the construction of trade secrets (Shackelford, 2016;Iasechko et al, 2020), which demonstrates its effectiveness in world practice.…”

“…In the meanwhile, big data can also be considered as a digital technology used to collect, accumulate, store and process data (Iasechko et al, 2020).…”