New technologies and the law: precedents via metaphors

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NEW TECHNOLOGIES AND THE LAW: PRECEDENTS VIA METAPHORS

Julia Kozlova

Today the pace of innovations grows with a space velocity from to day. This is an objective process that claims our accommodation as soon as It's possible. Now the question of technological gap of Ukraine from developing countries, containment of the internal market of innovative products, reducing of competitiveness of national economy appears sharply. Frankly speaking, «country without money and patents's not a country».

The distinct regulation of similar relationships `s practically absent in the system of Ukrainian legislation. Among the exceptions - The Law of Ukraine «On state regulation in the technology transfer» defining technology as a result of intellectual activity, a set of systematic scientific knowledge, technical, organizational and other decisions about enumeration, term, order and procedure of execution operations, production process and (or) realization and storage productions, services.

But in another law this concept is interpreted differently. I have no doubts, that norms scattered over various laws should be combined on a single codified act and, implicitly, supported by concept of the state innovative policy. It's goal must be a stimulating of scientific process, saving the technical potential of country, Its restructuring in accordance with aims and problems of economical development, accelerating the commercialization of results of research and training to perfection.

There's necessary to create coordination sites and proportions between science, manufacturing and education for improving the investment climate (international and domestic investments).

As an example take the modern biotech activity. In general, biotechnology means any technological application that uses biological systems, living organisms or their derivatives to make or modify products or processes for Its specific use. Firstly this branch of science was not recognized as an object of law regulating. Then an experimental biological activity began to be profitable and products of genetic engineering were controlled.

Today the process of regulation of genetic engineering on the level of international law occurs through the use of common concepts and documents. There are also specially adopted international legal instruments obligatory nature. Now some appeals are heart to regulate the using of biotechnology not only by national or international law, but also by norms of bioethics, which examined issues of legal, social and cultural impact of innovations on human rights.

However, to date the right, most of all - international, remains the single effective and universal mean of regulating such a risky and dangerous activity through mechanisms of rough control and penalties. This kind of international legal norms are polysystem that provides links between institutions and branches of law. As a core of regulation I `ve to call the International Law of Environmental Protection (international environmental law) which is considering regulating the use of agricultural technologies. The second place goes to the international law of protection of human rights aimed to protect the standards of the third generation: right to a safe and supportive environment, the right of access to high quality and safe food, the right to participate in decision-making and the right to justice in environmental matters. state innovative legislation

The international community insists on the need to ensure the protection of fundamental human rights such as right to life, liberty and security, the right to freedom from torture or ill-treatment. International law also allows to establish prohibitions on certain actions of state, some community groups and individuals, such as human cloning and modification of hereditary. This branch of innovative science is also regulated by norms of the international environmental law, law of intellectual property, humanitarian law, law of international security, the right of international scientific and technical cooperation etc.

In this example we have clearly seen to encompass the entire system of separate national and international legal norms on the specific direction of innovation, a legislator's to create a new legal code.

It's proposed a creation of a new public body - the coordination point of ideas generation. This structure will be professionally deal with the problems of all new and extraordinary, to adopt law regulators and to manage public finances for supporting these technologies.

Certainly, Ukraine has only innovative future, other ways `re not effective in our situation.

References

1. The problems of legal support innovative development of Ukraine: status and prospects // Journal of Ukrainian Academy of Law sciences. - 2007. - №1. - p. 575.

2. Technology as an object of civil law relations // Theory and practice of intellectual property. - 2009. - №5. - p. 55.

3. International law and biotechnology // Journal of Taras Shevchenko Kyiv National University. - 2005. - № 3-5. - p. 64.

4. The state encouragement of innovation // Economy and the law. - 2002. - №3. - p. 74.

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