Right
/ 8. Constitutional law
associate professor, Cand.Jur.Sci., Guseva A.,
associate professor, Cand.Jur.Sci., Danilova V.
Penza state university, Russia
The state strategy of protection of the right for
intellectual property in the Russian Federation
At the present
stage of development of the Russian state the questions connected with
intellectual property, including its protection and legal protection, fight
against counterfeit production, are actual not only in legal, but also in the
political plan. "In the modern world fruits of intellectual activity is
the main richness of the nation, a key factor of dynamic development of the
economy, steady growth of welfare of the people" - the first deputy
chairman of Committee of the Federation Council of Federal Assembly of Russia
on science, education and culture V. S. Kosourov [6] notes.
In this connection, with scientists and practical
workers it is emphasized that formation of the modern civilized market of the
rights for results of intellectual activity is among prime state tasks and
pledge of their successful decision is participation of youth and association
of efforts of the federal center and regions.
In the real
realities, need of creation of conditions for inflow to the sphere of
intellectual property of perspective young shots, increases of interest and
legal literacy of youth in questions of protection, protection and use of the
rights for results of intellectual activity is noted.
Really, as V. S. Kosourov is correct, during an era of
globalization of world economy competitiveness of the country and its wellbeing
will depend in many respects on that, how favorable conditions are created for
legal protection, protection and use of the intellectual property created and
created by her citizens [4].
Unfortunately, in our country of nearly 80% of
scientific and developmental works 20% private business, despite annual
increase in total amount of expenses of the federal budget at applied
scientific researches, average annual number of applications for the inventions
are financed by the state and only, submitted by the Russian applicants,
practically doesn't increase.
Intangible assets of the domestic enterprises either
are absent, or make no more than 0,3 - 0,5 percent from the size of non-current
assets (in economically developed countries value of this indicator reaches 30
percent and it is comparable on the value to a share of fixed assets). In these conditions it is the extremely
important to develop effective mechanisms, including legislative which will
allow to increase significantly use volume in national economy of results of
the intellectual activity created for budgetary funds, and also to increase
investment appeal of the Russian intangible assets. A lot of things in this direction are already made.
It should be noted that in structure of the mechanism
of providing and protection of the right for intellectual property paramount
value has to belong to legislation development in the considered sphere.
Today, in the majority of economically developed
countries, such as Japan, Great Britain, China and the USA, are accepted state
strategy on intellectual property. For
example, acceptance in China of "National strategy of development of
patent activity" allowed to increase only in a year number of the international
patent demands for 33,4%. During
Strategy realization by 2015 China intends to bring number of annually
submitted applications for patents to 2 million [4].
In the Russian Federation the long time was indicated
to lack of such strategy, however, its development was offered by legislators
in 2012. Completion of work on development by new strategy on development of
intellectual property is planned to end at the end of 2014. Its essence
consists in creation of uniform service on intellectual property and
professional community. The working name of such uniform body — Federal service
by the intellectual rights.
The rector of the Russian state academy of
intellectual property, points to the main objectives which have to face new
service [3], it:
creation of the market of intellectual property,
support of authors, inventors, owners. The new body has to solve and a problem
of receiving tax privileges to business which is ready to introduce
development. Important significance has to be attached to fight against
"piracy" from what suffers both the state, and citizens.
set of professional shots. And, certainly, these shots
have to receive a worthy salary (especially as collecting duties which assumes
to receive Rospatent this year — more than 5 billion rubles). For example, a
number of the countries of the world — the USA, Denmark, Norway, Sweden —
define a salary in patent departments depending on a share of duties arriving
to them.
support of authors, inventors, patent holders.
Including, it is especially important, creations of possibility of patenting
abroad. Sometimes we have unique development, but they "spin" in our
country, business isn't ready to buy them. Annually from more than 30 000
Russian inventions only tens abroad are registered. With the solution of this
problem we will export not oil and gas, and intellectual property. It can be
done as by transfer of patents, and the conclusion of license agreements. By
adoption of such decisions the bases of the economy of Japan which has accepted
in due time strategy of development of intellectual property were put.
promotion of our patents, attraction of business to
participation in this work, including by acceptance of special preferences for
those who introduces intellectual property.
fight against a piracy, consolidation and coordination
of all interested ministries and departments; change of structure of balance
cost of the enterprises. In the cost of the majority of the foreign companies
intangible assets make from 40 to 80%. For example, more than 50% of cost of
the Philips company — intangible assets, that is its development [3].
Besides, from our point of view, it is necessary to
provide, in connection with the above tasks, continuous expert maintenance of
activity of new service that, undoubtedly, will increase efficiency of its
activity.
In the conclusion, it would be desirable to note the
following: in the mechanism of ensuring protection of the right for
intellectual property it is possible to allocate a set of elements, it both the
head of state, and public authorities of the general competence, and bodies of
special human rights competence, public associations and the organizations,
however, paramount value has to belong to the legislation in this sphere on the
basis of which the system of studied legal relationship is built. The planned
positive tendency in the Russian Federation, allows us to speak about
progressive development of questions of protection of intellectual property
rights. It is rather important to understand that today there is an economic
war for repartition of the markets and spheres of influence within new economic
way where technologies and the rights which are called intellectual property
[5] come out on top. Protection of results of creative activity can and has to
become one of the priority directions of development of social and economic
policy of our state.
Bibliography:
1. Constitution of the Russian Federation of 1993. M.;
Norm. 2013.
2. Civil code of the Russian Federation (part fourth)
of 18.12.2006 No. 230-F3//Collection of the legislation of the Russian
Federation. 2006 . No. 52. Art. 5496.
3. Strategy of development of intellectual
property//27.11.2013 is necessary to Russia. Open government.
http://xn--80abeamcuufxbhgound0h9cl.xn - p1ai/blogs/post/5509229/
4. Kosourov V. S. Intellectual property as base of
innovative development of Russia. // Messenger of the Federation Council. 12
(79) 2012.
5. Koval D. V. Intellectual property: constitutional
and legal aspect. // Constitutional and municipal law. No. 8. 2013.
6. Official site of the Federation Council of Federal
Assembly of the Russian Federation.
22.04.2014//http://council.gov.ru/press-center/news/42131/