- About project
- Results and Awards
- Affiliate Programs
- International services
THE CORRELATION BETWEEN THE INTELLECTUAL PROPERTY RIGHTS PROTECTION AND INNOVATION ACTIVITIES IN RUSSIA
Zhanna Mingaleva, professor
Irina Mirskikh, PhD
Perm State University
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 implementation of research results will help to solve economic and legal problems of innovations, transfer of innovations and intellectual property.
Keywords: innovation activities, intellectual property rights, patents, indicators of innovation activities.
Intellectual property rights protection in Russia is far from being ideal. Transition from planned to market economy has given a rise to a number of serious problems in this field. 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 .
The existing innovational system in Russia does not correspond to the requirements of the effective national intellectual property commercialization, using the latest foreign technologies, attracting investments for financing innovational programs, first of all, in basic and defense industries and does not serve the purpose of Russian economy revival. According to the Ministry of industry and science several years ago only 11% of industrial enterprises in Russia were implying development and launching innovations. Although, today the Ministry of industry and science is the Ministry of education and science, it is very much doubtful that something has changed.
The Russian intellectual property owners consider the absence of the effective inventions promotion mechanism to be the reason of lack of demand for domestic inventions. But this is not the only reason.
Many foreign researchers consider Russia to be a developing country in the sphere of intellectual property protection.
Developing countries frequently use technologies from developed countries and that’s why they are interested in spreading technological knowledge. Insufficient mechanisms of intellectual property protection causes costs increase and industrially developed countries lose the interest in technologies transfer and investments.
At the same time strengthening of intellectual property protection causes contradictions between creating and transferring of innovations and toughening of intellectual property protection.
Intellectual property protection has visible advantages but its consequences can cause a lot of problems for developing countries.
Severe measures of intellectual property protection can lead to augmentation of the gap between technological level of developed and developing countries and strengthen monopoly tendencies on the new technologies market.
Firstly it can slow down the process of adopting technologies.
Secondly the costs of creating and transfer of new technologies will increase. All these will reduce the number of innovations and imitations.
Nothing will stimulate inventors to create new technologies. The level of intellectual property protection can influence upon the economy of developing countries.
It is important to come to compromise on intellectual property protection in order to provide a balance between the interests of all participants. This balance can be based on a complex of legal, economic, social and political measures.
Russian researchers of innovation problems use several indicators in order to assess quality and quantity of innovation activity level of enterprises, regions and countries. For example, number of organizations, involved in research-and-development; proportion of organizations carrying out technological innovations in the total number of organizations; expense on the technological innovations of organizations, receipt of patent requests and delivery of patents on the objects of intellectual property; trading in technologies with foreign countries, etc. But such approach to quantitative assessment of innovation activity level of economic agents gives rise to several mistakes and inaccuracies which can seriously mispresent the final results -.
Firstly, all these indicators are calculated autonomously and their connection and correlation is assessed only through qualitative indexes.
Secondly, several indicators do not reflect the real situation in Russian scientific and intellectual spheres (the results of scientific research invention and creation activities). But such indicators are fundamental and are the basis of innovation process.
These indicators are used in order to compare the level of innovation development of different countries.
It is impossible to describe all the problems and mistakes of Russian science and practice of assessment of innovation development of economic systems.
Let us try to analyze the situation in the field of licensing, patenting of intellectual property and the problems of legal regulation of intellectual property rights in innovation activities in Russia.
Compared with the developed countries with innovation economy the volume of export and import of licenses, patents, know-how and other scientific and technical documentation and services in Russia is very small (see Tables 1-2) .
According to the data in Table 1 the structure of Russian trade of technologies is far from being rational. In 2007 engineering services ranked first both in export and import. This tendency continuous in 2009.
The volume of purchase of licenses, patents, know-how, industrial designs, trademarks, utility models is only 4% and the volume of sale is 2.8%. Evidently the majority of Russian enterprises prefer to improve the existing old technologies instead of adoption of new technologies and new production practices. Special agencies of technologies commercialization do not exist. The volume of export decreases from 1825 in 2007 to 1767 in 2009.
According to the data in Table 1-2 scientific and technical exchange between Russia and foreign countries has increased. In five years the volume of technologies export proceed increased 1.9 times, and import payments increased 5.2 times. The whole volume of export and import of technologies in 2009 decreased from 38118,5 to 13559,7 (export) and from 35824,1 to 24601,5 (import).
And technological ”raw-material” instead of patented projects dominates the market.
As a result Russia loses in effectiveness of technologies exchange. The statistics shows that Russia buys expensive technologies and sells simple or cheap technologies, which did not get a due estimation. Average technologies export proceeds increased but it is still three times lower than import payments.
All these and many other problems in innovation activity field can be explained by a specific situation of intellectual property protection in Russia.
Let us reveal the difference between the number of agreements and the volume of payments per year.
One can see that the level of export agreements is higher than of import agreements. But the visible difference is deceptive. The difference in volume of payments shows the opposite tendency.
The legal regulation of intellectual property rights in Russia was unsatisfactory. The Law on copyright, Law on Patents and Law on Trademarks did not suit the needs of market economy.
That is why the new Civil Code (part 4) of Russia appeared. Part IV of the Civil Code of 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’s why a lot of new norms appeared.
Introduction of the Part IV of the Civil Code of the Russian Federation has completed codification of the civil legislation of Russia. It completes the work on full systematization of the whole civil legislation, regulating the relations in the sphere of intellectual property and a number of related norms in the Civil Code.
Introduction of the Part IV of the Civil Code of the Russian Federation allowed to systematize the federal legislation on intellectual property. The basis of this system is recognition of subjective intellectual property rights for the results of intellectual activity and the means of individualization (for intellectual property) as exclusive ones. However, they differ from property rights and other material rights because they are intangible, and they differ from personal non-pecuniary rights of authors and other creators of intellectual results by the fact that they become a subject of civil circulation and allow to involve the objects of intellectual property into such circulation.
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.
It is necessary to improve the legal regulation of intellectual property rights in order to provide the interests of the creators.