Scientific Discoveries and Soviet Law: A Sociohistorical Analysis

By James M. Swanson | Go to book overview

Chapter 7
The International Dimension

ON FEBRUARY 27, 1978, delegates from thirty-five member states of the World Intellectual Property Organization ( WIPO) assembled in for a "diplomatic conference" convened to discuss a proposed treaty on scientific discoveries. Concerned primarily with the international recording of discoveries, the substantive provisions of the treaty were relatively modest. Controversial issues, such as the legal protection of discoveries analogous to patentable inventions or copyright of artistic and literary works, were avoided. The treaty was designed to provide a mechanism for establishing formal international priority for scientific discoveries and especially for the central dissemination of information on new advances in knowledge "for the benefit of the scientific community and the world at large."1 The treaty, adopted on March 3, 1978, was touted as the "first multilateral treaty in history to deal exclusively with the pure sciences as intellectual property."2

The plan for convening a conference on this subject grew out of a request to the director general of WIPO on August 19, 1971, by Iuri Maksarev, then chairman of the State Committee on Inventions and Discoveries of the USSR Council of Ministers. Maksarev, noting that Article 2 (viii) of the convention establishing WIPO in 1967 referred to "rights relating to scientific discoveries" in its definition of intellectual property, asked that consideration be made of the legal status and place of discoveries in the international system of protection of intellectual property.3

On September 27, 1971, the Executive Committee of the Paris Union for the Protection of Industrial Property placed Maksarev's request on its

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Scientific Discoveries and Soviet Law: A Sociohistorical Analysis
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Part I 1
  • Chapter 1 - Introduction 3
  • Chapter 2 - Western Foundations of Soviet Discovery Law 19
  • Chapter 3 - Development of the Legal System 34
  • Chapter 4 - The Statutes on Discoveries 46
  • Part II 63
  • Chapter 5 - Theoretical Issues in the Soviet System 65
  • Chapter 6 - The System in Practice 86
  • Chapter 7 - The International Dimension 100
  • Chapter 8 - Discoveries and the Normative Structure Of Soviet Science 107
  • Chapter 9 - Conclusion 119
  • Notes 125
  • Bibliography 141
  • Index 149
  • University of Florida Monographs *
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