Legal Regime for Open Access to Publicly Funded Research and Scientific Information in the European Union and the United States of America

The paper examines the best practices of the European Union and its member states, as well as the United States of America in terms of legal regulation of the relationship between intellectual property law and regulatory framework that provides open access to research results and scientific information. The authors note that the scope of protection provided for research results in the two largest jurisdictions — the European Union and the United States of America — varies. It is emphasized that, although the implementation of the principles of protecting the results of scientific research provided for by supranational and national legislation is based on contractual agreements between authors, publishers and universities, the framework established by the copyright regime is a determining factor in the form in which these agreements take on. At the end of the paper the authors conclude that there is harmonization of the analyzed supranational and national legal regimes. The authors point out that supranational and national copyright regimes should create favorable conditions for the dissemination and reuse of state-sponsored scientific publications.

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