Law/9.Civil law
Professor, Zh. Mingaleva
The federal state
budgetary educational Institution of higher professional education
«Perm state national
research university»
Interrelalation of patent and
innovation activity in foreign countries[1]
The
accurate and reliable fixation and protection of the intellectual property rights
are very important for social and economic development of the countries. It can
be traced on an example of interrelation of international intellectual property
rights regulation and innovation activity in the leading countries of the world.
Germany is taken as the object of the
analysis as the country with the most developed innovative economy and the
basic partner of Russia in trade area of hi-tech production. Besides, the
German patent legislation has formed a basis of the Russian legislation in the
field of intellectual property rights protection.
Germany
leads in all indicators connected with realization of innovative activity among
the 27 the European Union countries on which calculation of innovative activity
and the patent statistics (EU-27) is conducted. So, within last decades Germany
was in the leader among all the European countries in the field of distribution
of venture investment in hi-tech branches and the enterprises - in 2007 in the
country has been carried out 815 venture investment projects or 27,5 % of all
their quantity in EU-27 - 2974. For comparison – in Sweden that is 487, in Great Britain – 384, in France -
367, in Finland - 255, in Norway - 215, in the Netherlands – 202 [2, p.223].
Another
indicator of innovative activity – volumes of export and import of production
on the basis of high technologies, also is the best in Germany. In 2005 Germany
was the largest importer of production on the basis of high technologies (105
million EUR), also as well as the exporter (115 million EUR) [1, p. 181]. In
2007 this tendency has remained (108 million EUR and 125 million EUR respectively).
So Germany had also the highest positive volume of the foreign trade balance among
the European countries (10,3 million EUR in 2005) [1, p. 181] and 17 million
EUR [2, p.228]. Moreover, it was the third in the world positive balance of the
foreign trade balance after China (98,5 million EUR) and the Korean Republic
(EUR 31 million) [2, p.228].
So high and successful indicators of
development of innovative activity in Germany are substantially connected with
its successful activity in the field of guarding and protection of intellectual
property rights. It can be traced on an example of patent activity.
In
2005 Germany there had been registered 32644 patents in total that makes 42,7 %
of all European patents and corresponds to a place in the world after the USA –
127169 patents, Japan – 54661 patents and in times advancing France – 11168 patents
and Republic Korea – 11100 patents [2, p.184]. In 2005 Germany registered 23364
patents in EPO (Europe Patent Office). It took the second place in the world
after the USA – 34022 patents and leaved behind Japan with 20913 patents) [2,
p.186]. And in USPTO (United State Patent and Trademark Office) - 9280 patents
were registered (the third place in the world after the USA – 93147 patents and
Japan – 33748 patents) [2, p.184]. As a whole it has reached practically 15 %
of gross national product of the country.
Thus the majority of the received patents is actively
used in business enterprise sector. So, statistically, 90,8 % of all patents in
Germany fall on business enterprise sector that corresponds to leading world
tendencies (in the USA on a share sector of the commercial enterprise 89,8 % of
all used patents, in Japan – 96,6 %, in Finland and
Sweden – on 94,5 %, and the biggest indicator of use of patents in business enterprise
sector on Malta – 99 %) [2, p.189]. In 2005 in Germany the branch of distribution
of patents was the following: 30,9 % of all numbers of patents were concentrated
on electrical
and optical equipment, 20,6% - in chemicals, chemical products and man-made
fibres, 16,1% - in Transport equipment, 14,3% - in machinery and equipment n.e.c., 5,7% - in basic metals and fabricated metal
products, 2,3% - in rubber and plastic
products, 2,0% - in food products; beverages and tobacco, 1,8% - in other
non-metallic mineral products 1,6% - in coke, refined petroleum products and
nuclear fuel and in not elsewhere classified,1,2% - in pulp, paper and paper
products; publishing and printing, 05,% - in textiles and textile products,
0,2% - in leather and leather products and 0,1% of all numbers of patents - in
wood and wood products [2, p.188].
Besides,
area’s distribution of patents in science and technic in eight integrated
sections (IPC Section) of the International classification of inventions was
the following: Performing
operations; transporting – 23,7%; Electricity – 14,9%; Mechanical engineering;
lighting; heating; weapons; blasting – 14,3%; Physics – 14,2%; Human
necessities – 14,1%; Chemistry; metallurgy – 12,2%; Fixed constructions – 4,4%;
Textiles; paper – 2,1% [2, p.186]. Thus, a high
degree of uniformity of patents on inventions for distribution testifies to a
necessary variety of German R&D and diversification of structure of
economy, which is needed for stable development.
It
is necessary to notice that Germany is also the largest foreign partner of
Russia in technologies trading. So, in 2009 the turn of the foreign trade
balance of Germany and Russia of hi-tech production has made 429 transactions
for a total sum of cost of a subject of the agreement of the transaction -
almost $600 million, $446,2 million from this sum was fall on export
transactions (262 transactions) and $137,4 million - for import (262
transactions). In total Germany has received from Russia $147,5 million
payments for a year, while it has paid only $43,0 million. Thus, Germany is the
exporter of high technologies to Russia with cost of subjects of the
transaction to the sum of $308,8 million and the general payments of the state
to the sum of $104,5 million [3, c.576].
References:
1. Science, technology and innovation in Europe. Statistical books.
Eurostat. 2008.
2. Science, technology and innovation in Europe. Statistical books.
Eurostat. 2010.
3. The Russian
statistical year-book. Moscow, Rosstat. 2005.
[1] This paper is published with a financial support of Russian Human
Science Foundation (Grant ¹ 10-03-00481/a)