The Problems of Legal Regulation of Intellectual Property Rights in Innovation Activities in Russia (Institutional Approach)

Authors: Zhanna Mingaleva, Irina Mirskikh

Abstract:

Part IV of the Civil Code of the Russian Federation dedicated to legal regulation of Intellectual property rights came into force in 2008. It is a first attempt of codification in Intellectual property sphere in Russia. That is why a lot of new norms appeared. The main problem of the Russian Civil Code (part IV) is that many rules (norms of Law) contradict the norms of International Intellectual property Law (i.e. protection of inventions, creations, ideas, know-how, trade secrets, innovations). Intellectual property rights protect innovations and creations and reward innovative and creative activity. Intellectual property rights are international in character and in that respect they fit in rather well with the economic reality of the global economy. Inventors prefer not to take out a patent for inventions because it is a very difficult procedure, it takes a lot of time and is very expensive. That-s why they try to protect their inventions as ideas, know-how, confidential information. An idea is the main element of any object of Intellectual property (creation, invention, innovation, know-how, etc.). But ideas are not protected by Civil Code of Russian Federation. The aim of the paper is to reveal the main problems of legal regulation of Intellectual property in Russia and to suggest possible solutions. The authors of this paper have raised these essential issues through different activities. Through the panel survey, questionnaires which were spread among the participants of intellectual activities the main problems of implementation of innovations, protecting of the ideas and know-how were identified. The implementation of research results will help to solve economic and legal problems of innovations, transfer of innovations and intellectual property.1

Keywords: Innovation activities, intellectual property rights, know-how, patents, indicators of innovation activities

Digital Object Identifier (DOI): doi.org/10.5281/zenodo.1086175

References:

[1] J. Holyoak and P. Torremans, Intellectual Property Law. 2-nd ed., London, Edinburg: Dublin. Butterworths, 1998, p.12.
[2] http://www.rusbio.biz/ru/abs0007.stmp
[3] V. Kirichenko, "Some questions of practice of international technological exchange" in Problems of effective integration of scientific and technical potential of Russia in a world economy. Moscow, URSS, 2008, pp.187-222.
[4] Science, technology and innovation in Europe. Statistical books. Eurostat. 2008.
[5] Rosstat. Annual Report. Moscow, 2009.
[6] Improving knowledge transfer between research institutions and industry across Europe: embracing open innovation - Implementing the Lisbon agenda in Communication from the Commission to the Council, the European Parliament, the European economic and social Committee and the Committee of the regions. Brussels, 4 April 2007.
[7] The European Research Area: New Perspectives. GREEN PAPER. Brussels, April 2007 - Com(2007) 161 final.
[8] Economics player of post-soviet Russia (institutional analysis). Scientific research. Moscow, MONF, 2003.
[9] Siwek, Copyright Industries in the U.S. Economy: The 2006 Report (released in December 2006).
[10] Z. Mingaleva, "Estimation of innovation and scientific and technical potential and innovation competitiveness of regions" in A region is in the new paradigm of spatial organization of Russia. Moscow, Economic, 2004, pp.556-576
[11] Z. Mingaleva, "On perfection of infrastructure of innovation enterprise" in Information, innovations, investments. Perm, 2007, pp. 85-87.
[12] Z. Mingaleva, Development of scientific, technical and innovation potentials of region. Perm, 2006.
[13] R. Cooter and Th. Ulen, Law and Economics. 3-nd ed.,New York, Longman, 2000, p. 128.
[14] J. Holyoak and P. Torremans, Intellectual Property Law. 2-nd ed., London, Edinburg: Dublin. Butterworths, 1998, p.17.
[15] Civil Code of Russian Federation, Moscow, 2008, Part IV, art.1350.
[16] T. Hard and L. Fazzani, Intellectual Property Law. 2-nd ed. New York: Palgrave, 2000, ch. 7, p.55.
[17] Z. Mingaleva and I.Mirskikh, "The Problems of defending of commersial secrets in the process of restructuring of enterprises". Sochy, 2001.
[18] Z. Mingaleva and I.Mirskikh, "Economic and Legal Problems of Conversion (Restructuring of Military-Industrial Complex and Problems of Legal Protection of Commercial Secrets)", presented at the Fifth Annual Middlesex Conference on Economics and Security 15-16th June 2001. Middlesex University, London.
[19] Z. Mingaleva and I.Mirskikh, "International aspects of intellectual property protection in the Russian Federation (at regional level)" in Recognized principles and norms of international law and international agreements in practice of constitutional justice. Moscow, 2004, pp.403- 407.