Sennikov NL

Head of the Legal Department of the National Library of the Republic of Bashkortostan named Ahmed Zaki Validi, Ph.D., associate professor in the Department of Civil Law (HAC RF), Professor (PAE), Honored Worker of Science and Education of Russia (PAE)

The economic and legal model intellectual property industry for civilian purposes innovative entrepreneurship

Adopted and put into effect an amendment to 4 of the Civil Code of the Russian Federation has not been able to achieve the systematization of legislation of intellectual property in Russia.

In order to overcome these problems is proposed to build the institutional model of the intellectual property industry in the public circulation of innovative entrepreneurship.

As part of the institutional model of the intellectual property industry on the basis of statement of turnover for Civil innovative entrepreneurship (the most important stage performance outside the legal system of intellectual industrial property) is implemented logical connection: from feasibility studies, coupled with an increase in the efficiency of innovative business structures - to structural formalization by codification of the law of intellectual industrial property.

Statement of the problem. The general definition of the concept of institutional intellectual property industry in the history of Russia evolved over several stages - approval of the economic institutions of the exclusive property rights of the Institute of personal non-property rights and the institution of the common law.

This is reflected in the change of the principles of the theory of civil law, originally aimed at the ancient Roman legal code on the particular trade. In the future, the expansion of the limits of economic interests and rights of the individual are approved by the spiritual values - intangible benefits, first as an exception to the general rule, then - forming a complete system of the institution and to protect the economic interests and the rights of intellectual industrial property agents.

The concept of the theory of institutions, recognition, enforcement of the ways to protect the economic interests and the rights of intellectual industrial property agents defines two main regulatory provisions:

I. Institutional Theory of Industrial intellectual property claims recognition Institute of invention, utility model, industrial design, technical know-how able to establish against him Regulations economic and legal regime of the formal limits of the legitimate interests of the interests of the author, inventor, owner - "Institute of establishing economic rights A particular type of intellectual property industry - INSTITUTE OF INTELLECTUAL PROPERTY INDUSTRIAL (recognition capabilities register the economic rights). "

II. Institutional theory of intellectual industrial property institute says that the interests, rights, protection against counterfeit assault, care, establishing economic and legal mechanism of the legitimate interests of the author, inventor, owner, allowing the entity to realize the right to commercialize the economic, commercial use of intellectual property by recognizing its specific factor of innovative entrepreneurship by introducing into the economic market turnover - "Institute implements economic rights through the commercialization of a certain type of intellectual property industry actually using an invention, utility model, industrial design, know-how as a factor of economic innovation entrepreneurship - INSTITUTE OF INTELLECTUAL AND INDUSTRY PROPERTY (recognition of the possibility to use, commercialize economic rights). "

It is assumed that within the framework of a qualitative model works positive motivation that the problem of improving the efficiency of innovative entrepreneurship can be implemented largely through innovative management solutions. There are innovations - specific types of intellectual property industry, allowing a particular economic system to solve the general and specific objectives - the problem of decision-making. A necessary control action (used for disposal, smooth deviations from the planned development trend of the economic systems of different levels) for the recognition and protection of exclusive property, licensing and contractual rights of authors, inventors, rights holders, businesses used to commercialize the intellectual property industry.

Discussed previously targeted mechanisms - control of motivation on the market of exclusive property, licensing and contractual rights of intellectual industrial property in the economic space of innovative entrepreneurship can be implemented, if recognized:

Equality of participants in the creation of relations and the introduction of intellectual property industry into the economy;

Integrity of the exclusive use of the property, licensing and contract law, implemented based on freedom of contract in the inadmissibility of arbitrary interference by third parties;

 The need for the smooth implementation of the economic rights of intellectual industrial property agents, guaranteed by contract and (or) the law;

Restore and judicial protection of economic rights violated, etc.,

The recognition of these principles dictates the target installation of the control system - the need to develop innovative concepts of institutional regulation of business relations of authors, inventors, and rights holders, businesses in the commercialization of intellectual property in the market of industrial goods, works and services.

Only the concept of institutional regulations regulating relations agents intellectual property industry for the use of intellectual property in innovative industrial entrepreneur's turnover will ensure the effective use of the author, inventor, owner, business entity, society, government, exclusive property, licensing and contractual rights to an invention, utility model, industrial sample, technical know-how in the business, commercial relations, and thus improve the efficiency of innovative entrepreneurship based on the use and protection of economic interests, rights of intellectual industrial property agents.

The institutional system of innovative entrepreneurship intellectual property industry is a qualitative model proposed in the dissertation research introduced formal and informal constraints - rules and regulations, to amend or modify existing in the Civil Code of the Russian Federation governing the behavior of market agents operating in the institutional field of innovative entrepreneurship, based on the Concept the recognition of the theory of institutions, law enforcement, the methods of protection of economic interests, rights of intellectual industrial property agents in the legislative initiatives, reform of the regulations of intellectual industrial property in Russia.

The use of formal regulations on the recognition of the concept, the realization and protection of the economic rights of intellectual industrial property agents allows authors, inventors, owners, business entities, society, the state of their effective use in the process of commercialization of exclusive property, licensing and contractual rights to inventions, utility models, industrial designs, technical know-how in innovative entrepreneurial relations information and industrial society - the commercial appeal of inventions, utility models, industrial designs, technical know-how.

Control actions.

1. Determine the initial economic onset of action of authors, inventors, right holders in the making of inventions, utility models, industrial designs, technical know-how with the subsequent registration of the economic rights of the federal executive authority on intellectual property rights - economic right to receive a patent on the intellectual property industry confirms its quotient value in the innovation business.

2. Identify the institutional order actions of authors, inventors, rights holders, businesses with intellectual property industry by recognizing the invention, utility model, industrial design, technical know-how factor for innovative entrepreneurship, followed by the use of the patent, the protection of exclusive property, licensing and contractual rights with innovative production and business relations - economic right to commercialize the patent through effective use of inventions, utility models, industrial designs, technical know-how.

3. Establish formal and informal limits of exclusive property, licensing and contractual rights to the intellectual industrial property legislation to recognize the business functions of the registration of economic rights to an invention, utility model, industrial design, technical know-how, the determination of the patent, the conditions of patentability criteria of patentability, specify the list Members of patent relations (Federal executive authority on intellectual property specialist, patent attorneys, patent).

4. Management business opportunities concession of exclusive property, licensing and contractual rights through the implementation of low norms and informal rules of the commercialization of inventions, utility models, industrial designs, technical know-how.

5. Mark the institutional conditions of registration, the application for a patent for an invention, utility model, industrial design, which establish the relationship of patentability criteria and the conditions of detention pending patent applications, to introduce uniformity in the content of documents in a patent application - the application, a description of the criteria for patentability, drawings or other materials, the abstract, to determine the legal concept of the claims, utility model and industrial design for - the concept of the species form.

7. Economically feasible to recognize the fact of the transfer of ownership of the exclusive intellectual property rights to industrial property at the time of mutual agreement with mandatory registration of the transfer of economic rights in the patent to another person in the Federal executive authority on intellectual property, as this record is the technical side of the transaction, which hinders the economy. The responsibility for the subsequent requirements of obligation rests with the owner give-exclusive property rights

8. Expand the scope of innovative business relations, it is the need to recognize that the legal relations arising from a contract of pledge of exclusive property rights to inventions, utility models, industrial designs, to the extent not contrary to the civil law, is directly enforceable in the implementation of contracts of guarantee and / or bank guarantee and / or insurance.

9. To recognize that, in the manufacture of innovative technical rationalization is applied there a useful model because it is actually a "small inventions", the associated production of entrepreneurial initiatives, it is has a cost factor value in the innovative production of goods, works and services.

6. Identify the institutional significance of what kinds of new information intellectual property industry - secrets (technical know-how), for which an economic and legal regime of trade secrets in the enterprise, they are used for the introduction of the contract into the economy is not the exclusive property and licensing and contractual proprietary economic rights of authors, inventors, rights holders, businesses on the technical know-how.

7. Cost-effectively confirm created and used unpatented inventions \ e, utility model technical know-how (secrets), while recognizing his additional views of intellectual property industry since the establishment of the economic and legal regime of trade secrets in the company which uses the trade secret.

8. Develop and adopt formal conditions by means of normative methods for assessing:

_ Costs associated with the effective use and protection of licensing and contractual property rights for the commercialization of additional types of intellectual property industry into the economy;

_ The cost of patenting inventions, utility models, to determine the amount of damages to the author, inventor, the holder, the economic entity for violations of their economic interests, rights in determining the economic and legal regime of trade secrets about other types of intellectual property industry;

 - Recognize that the effective range of intellectual industrial property agents of economic and legal regime of trade secrets or patent regime in the commercialization created and used by non-patented inventions, utility models - technical know-how into the economy depends on the amount realizable property rights, and the choice of modes of economic and legal use and protection on the basis of monitoring activities of economic and legal regime of intellectual or industrial property rights of economic and legal regime of trade secrets, and will depend on the magnitude of the cost of establishing a particular regime and the amount of possible compensation payments received in the event of a breach of exclusive ownership / licensing and contractual intellectual property rights to industrial property (to be formal adoption of special rules, regulations, guidelines by the Federal executive authority on intellectual property).

9. To be specific institutional elements of the overall system of innovative entrepreneurship confirm the legal position of WIPO on the recognition of unfair competition in the innovation business subject matter of the intellectual property industry solutions to the effective commercialization of inventions, utility models, industrial designs, technical know-how.

10. Implement some formal and not formal institutional measures to ensure the realization of economic interests, rights, including

- Job Qualifications and professional capacity shall be confirmed by the Federal executive authority on intellectual property on the basis of his professional level suitability and consent of the applicant (agent of intellectual industrial property) gives him a possible business wedded to verify the criterion of "inventive step" of a particular technical result for him patentability;

- To provide that the maximum bet size when you make a payment of patent rights and economic costs of protection of exclusive property rights should not exceed one minimum wage or a minimum standard of living, and compensation for additional costs should be carried out by the state of the corresponding expenditure budget, which provides funding for the development of inventive things, the development of innovative entrepreneurship, etc.

11. Establish a Remote representative centers on the basis of regional information centers of the Federal executive authority on intellectual property (branches Rospatent) with the transfer of powers to the special design of economic interests, the rights of authors, inventors, rights holders, business entities.

12. Recommend to the Federal executive authority on intellectual property to develop and implement a full transition to the rules for applications, filing patents for inventions, utility models, and industrial designs through the INTERNET.

13. Recognized as grounds for the emergence of economic rights and responsibilities and unjust enrichment because of the misuse of exclusive property, licensing and contractual rights. This would result in the adoption of appropriate formal rules and amendments to the Tax Code of the Russian Federation, the Federal Law "On the basis of the tax system in the Russian Federation", "On taxes on profits of enterprises and organizations," the Russian legislation on production sharing and other regulations on the need for special financial incentives (credit, income tax, etc.) for authors, inventors, rights holders to ensure the introduction of intellectual property industry into the economy and depending on the use and scope, types of economic activity, volume of earned income per unit of investment capital for the determination of preferential tax regimes of economic and legal use of market innovation.

14. Not organize a formal institution of the Independent Mediation and Arbitration patent for judging the shortening of court cases concerning the protection of economic interests and the rights of intellectual property industry, size reduction of material costs in the consideration of legal disputes the parties and create more comfortable conditions for the settlement of the interests of authors, inventors, rights holders, businesses subjects (confidentiality, etc.).

15. To amend the formal regulations of the Eurasian Patent Convention for the formation of a single economic market sales of goods, products and under a single customs union.

Thus, informal and formal mechanisms targeted civil law intellectual property industry - motivation offered in the context of management of innovative enterprise for effective implementation of intellectual property industry, determine the economic and institutional - legal management system that implements complex tasks efficiently create innovative and commercial use different kinds of intellectual industrial property as economic factors innovative entrepreneurial activity - the main information and production factor of innovative entrepreneurship.

Formal mechanisms - limitations organize informal performance of the functions of control actions (measures) - the rules, including analysis, forecasting, planning, promotion, structuring, accounting, control, management of innovative business processes associated with the development and introduction of inventions, utility models, industrial designs, technical know-how.