Theoretical aspects of distinguishing the concepts of «scientific and technical information» and «information resource»

  • N.Ia. Bashuryn
Keywords: information, scientific and technical information, information product, information resource, civil legal relations, turnover

Abstract

Scientific and technical information is a complex object that may under certain conditions fall under the legal regulation of information, civil law, including copyright and patent law. The author examines the manifestations of scientific and technical information as an object of civil rights in particular. The concept of scientific and technical information and its specific features are defined.
The article states that as an object of civil law, scientific and technical information can be interpreted as a personal intangible asset, as well as an informational scientific and technical product or informational scientific and technical resource. To qualitatively distinguish these concepts, their definitions and basic identifying features are given. The article states that despite the delimitation of these concepts, they are closely interrelated and often interdependent. It is noted that the information product and information resource are not identical concepts, although as an object of civil rights have a similar legal nature and characteristics.
The author consider, that scientific and technical information as a good has no value and cannot be the subject of property relations. The product-subject (thing) circulates in the information market and has a value in the form of an information product or resource, is characterized by individually defined features of the thing and is the subject of transactions. It is determined that scientific and technical information and scientific and technical information product or resource - categories are not identical in content, because: 1) scientific and technical information is good; scientific and technical information product (resource) - a thing; rights on scientific and technical information, if it contains indications about the object of intellectual property rights, - regulated by the subinstitution of exclusive rights; rights from a scientific and technical information product or scientific and technical information resource - the institute of property law.

Published
2021-01-17