Vladimir G. Tyminsky

Russia

COPYRIGHT ON THE NAME

OF SCIENTIFIC AND TECHNICAL DESIGN AND

SPECIAL FEATURES OF ITS REALISATION

During the many centuries the practice of scientific investigations has elaborated the particular mechanisms of acknowledgement and confirmation of authorship (co-authorship) of a work. For example, entitling by the author’s name scientific laws (the Newton’s laws), chemical elements (curium, fermium, etc), and collections of paleontologists. Some minerals, like goethite, bear name of the explorer who discovered this natural compound, others are named after prominent mineralogists, like mineevite, etc.

These manifold examples in certain sense characterize the attitude of grateful descendants in respect of authors’ scientific achievements, but at the same time these examples give us no answer how or in which way an author could use his copyright under the modern conditions, i.e. what is the mechanism of realization of his copyright nowadays.

The question can be asked to the point: whether it is possible for an author himself to set an issue about appropriation of his name? It is necessary to underline, that the right on name of any author is a complex problem that cannot be studied separately from its ethical and economic aspects. It could be noticed that the ethical problems emerging before authors are known from the history of science, for example, the surprising modesty of the scientist who discovered Х-rays – K. Roentgen.

In particular, considering eventual effects of research works in geology, it is possible to specify the following forms of scientific and technical results:

- writing an article, monograph, book;

- finding a new scientific discovery (consistent pattern, characteristic, phenomenon);

- developing an invention (device, method, material);

- detecting new natural compounds;

- elaborating new cartographic production;

- forming a collection of minerals, objects of paleontology, etc.

Whilst the copyright law protects traditional publications (articles, monographs, digests), the protection of rights to discoveries, inventions, maps etc. is governed by the law on the industrial property.

The special place belongs to the scientific discoveries since they are the basic results of activities of investigators. In Russia we have realized the system of selection and expertise of declarations on scientific discoveries.

During the period of recording from 1992 till 2001 more than 800 declarations on discoveries have been surveyed, 160 of them have been recognized as the discoveries. By the resolution of the International Academy of Authors of Scientific Discoveries and Inventions the corresponding Diplomas on Discoveries have been delivered to its authors. In the specific cases under the recommendation of the Presidium of the Academy the scientific discovery has been entitled by the name of the author. The relevant examples are given in the report.