The theoretical and legal aspects of understanding scientific and technical information as an object of contractual legal relations

Authors

  • Nataliia Bashuryn

DOI:

https://doi.org/10.15330/apiclu.67.2.10-2.27

Keywords:

civil law, contract law, contract, property rights, non-property rights, objects of civil rights, thing; digital thing: intangible goods, object of intellectual property, digital content, right to protection, Internet, information, scientific and technical information

Abstract

The article explores the theoretical and legal aspects of understanding scientific and technical information as an object of contractual legal relations. The author examines its legal nature, its distinction from other objects of intellectual property, and the challenges of legal regulation of its circulation. Special attention is given to the absence of a clear normative definition of scientific and technical information, which complicates its identification in contractual relations and law enforcement practice. The study analyzes a wide range of contracts in which scientific and technical information can serve as either an independent or auxiliary object, including license agreements, know-how transfer agreements, information contracts, and contracts for the execution of research and development (R&D) and experimental design works.
The study emphasizes the complexity of balancing open access to scientific and technical information, which is crucial for scientific and innovation development, with the need for its legal protection. The lack of effective legal protection mechanisms can lead to unlawful use or disclosure of valuable information, harming its owners and limiting opportunities for the commercialization of scientific developments. Special attention is paid to the classification of contractual relations related to scientific and technical information and the definition of their legal nature in the context of civil law.
The article examines the legal characteristics of contracts for the provision of information services aimed at transferring and using scientific and technical information. The author analyzes the specifics of contracts for information support in scientific and technical activities and contracts for conducting patent searches, outlining their essential terms, legal qualification, and practical application. The study explores the characteristics of information as an intangible object of civil rights, which has unique features in the context of contractual regulation.
The author concludes that there is a need to improve the legal regulation of contractual relations related to the transfer and use of scientific and technical information and proposes possible ways to enhance the regulatory framework. The article highlights the necessity of developing a unified concept for contractual regulation of information relations, as well as legal mechanisms that will facilitate the effective protection of scientific and technical information in the context of digitalization and globalization.

Published

2025-01-15