Моралне норме и грађанско право са освртом на права проналазача
Moral Norms and Civil Law With a View on Inventors’ Rights

Summary/Abstract: Subject of the paper is an analysis of methods of civil law - moral adjustment. The emphasis is on the method where legal norm prescribes obligation to act in pursuance of moral. The aim of authors is to point out on problems which may arise in the application of this kind of legal norms, mostly in regard to contents of moral cognition. For example in Patent Act is laid down that inventions are excluded from patentability if their publication or exploitation would be contrary to (order public or) morality. Starting from the fact that biotech inventions are principally exposed to ethical estimation, authors represent a number of reasons against such kind of legal regulation, concluding that it is not usable in every part of law, particularly in patent law. It is especially because immoral invention can be commercially exploited anyway. Because of that, their proposal is to take out ethical estimation of existing invention on the basis of the legal norm that contains assignment onto moral norm, but to introduce the taking moral norms over into legal ones for the purpose of regulation of processes of (scientific) research which precede to origination of inventions.

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