facebook
twitter
vk
instagram
linkedin
google+
tumblr
akademia
youtube
skype
mendeley
Wiki
Global international scientific
analytical project
GISAP
GISAP logotip
Перевод страницы
 

THE ECONOMIC AND LEGAL ASPECTS CONNECTED WITH PROTECTION OF INTELLECTUAL PROPERTY AND MAINTAINING THE SECRECY ORDER IN THE COUNTRY'S DEFENSE AND SECURITY SYSTEM (PART. 1)

THE ECONOMIC AND LEGAL ASPECTS CONNECTED WITH PROTECTION OF INTELLECTUAL PROPERTY AND MAINTAINING THE SECRECY ORDER IN THE COUNTRY'S DEFENSE AND SECURITY SYSTEM (PART. 1)
George Chiladze, доктор юридических наук, доктор экономических наук, профессор

Университет Грузии, Грузия

Участник первенства: Национальное первенство по научной аналитике - "Грузия";

Открытое Европейско-Азиатское первенство по научной аналитике;

Advanced technologies have become an important factor in the development of the country's defense and security system. Economic competition is conditioned by scientific and technological competition, which increases the role of intellectual property. Solid legal provision becomes an obligatory condition for the creation and protection of new technology. In the military field, apart from patenting the presumed invention, the alternative way for obtaining protection is the keeping in secrecy that information which represents the industrial secrets (know-how). The military departments in such case can successfully apply the so-called "Secrecy order”. Patent protection of intellectual property may emerge as a source of threat for the country's security, as well as a tool of its assurance. In this regards, an important stabilizing and stimulating role is played by the quality legal system for protection of intellectual property.

Keywords: IP management, defense and security, economic security, defense economy, patents, know-how, legal protection.

 

According to the Georgian "White Paper" and the Minister of Defense of Georgia’s vision for 2015-2016 years, the latest advanced technologies have become an important factor in the development of the country's defense and security system.

In this regard, the economic competition within the military-industrial complex has been increasingly determined by scientific and technological competition, which increases the role of intellectual property and allows to stimulate the scientific and technological progress in the field of defense and security. In such a case, a solid legal support becomes a necessary condition for development and protection of new technologies.

However good theoffered high-tech military productsmaybe, itssuccessfull fulfillment is  impossible without protection of its rights or without maintaning the rights of third partieson it. Therefore, protection of intellectual property shows as one of the key aspects of the defense economy.

It is expedient to mention such issue as "exclusive rights" and put a question as what these "exclusive rights" are generally giving us and what benefits can they bring to country's defense and security?

As research shows, the managements of various military, civil public and commercial entities connected with military-industrial complex recognizes that the economic success of an organization is essentially depended on the effective use of intellectual property, but the problem lies in the fact that they are often unable to provide effective management and cannot connect the administrative processes with relevant production processes and managerial decisions.

It is important to take into account not only that as how much the economic success is due to the fact of obtaining a patent on military invention and legal protection of the presumed invention, but we also should consider as  how high is the risk of disclosure of the information, which the materials on secret patent application contain.

According to the Patent Law, unless otherwise prescribed by law, in the case of the presumed invention patenting we agree that by the Patent Office, the limited information will be will "open"' in the Patent Bulletin. Public disclosure of information on the presumed invention and publicizing information during the certain period of legal protection, in exchange of represents kind of compromise. At this time we are provided with exclusive rights in return for allowing the patent-related information to become public.

Therefore, special attention should be paid to issues of intellectual property management, at all stages of its design and development. In case of absence of exclusive rights to legal protection, which, according to the law, excludes third parties for the illegal production and use of the same object, the invention makers will not have any incentive to the creation and development of their own work, which will considerable damage the country's security.

In the military field, apart from the patent protection of the presumed invention, there is also another way of protection which is successfully used by the military departments of various countries. It lies in the secret storage of that information which represents industrial secrets (know-how), trade secrets, etc. Complications connected with this method lies in the fact that information kept in the mode of the commercial secrecy may be just simply disclosed or be identified" and decoded by about any other way to be

In such cases, storage of information in the mode of commercial secrets becomes useless, and the data is available to third parties. It should be noted that in such cases, third parties, if they had used legal ways of “decoding" information protected under the “know-how” mode, or legally use this information as result of its free circulation, are exempt from the sanctions and do not bear legal responsibility

With regard to the above, it does not make sense, for the purpose of military application of the invention, to conduct negotiations with the invention creators/owner public or private entities, individual inventors, etc., because when information protected under the Know-how regime is disclosed, everybody can enjoy it and use its novelty aspect without any charge. According to current legislation, only the fact that information is protected under the know-how regime does not oblige the state to protect the rights of the inventor and to take legal sanctions against the legal disclosure of information disclosure and on the fact of its commercial application.

In our opinion, a military department, in such a case, is able to successfully apply the so-called "Secrecy order", if the invention’s creator/owner entity will in advance make the information secret and appropriately classify it as such. In that case, if a third person illegally tries to use the object of intellectual property, it can possible become the subject of legal protection and sanctions.

Protection of the intellectual property object under above legal mode really makes sense, if both a person who keeps information in the secret list and the military department which uses this information are acting synchronously in scope of the specific task or project.

In such a case, disturbance of secrecy and disclosure of information is in the interest of neither of the above subjects as this will bring negative results in terms of both economic (project termination), and legal consequences (responsibility of concrete individuals).

In case patent’s existence, it does not matter whether anyone else knows about the specific features of the invention that is to be applied for military purposes, information about which can be read in the patent application. Obviously, access to such information is limited and requires an appropriate form. However, no matter how secret the information is and how many persons may have access to it - if you have a patent, you will be protected.

Despite the above advantages, there is still a threat for the patent holders, that the information held in the patent documentation may become subject to unauthorized copying by third parties.

It seems that the patent protection of intellectual property, in different cases, may appear as a tool for the country's security as well as source of the risk. That is why it is required to reasonably consider and assess such threats.

Thus, the problem of protecting intellectual property is of particular importance in provision of security to the defense economics. And the negative results that may take place in this field can bring a lot of strategic losses. Here can be singled issues related to the production out dual-use products that can be used for both civil and military purposes.

Therefore, the important stabilizing and stimulating role is played by the high-quality and balanced system of the legal protection of intellectual property, which contributes to provision of the country's security system, and also performs the controlling function in observation of the law during processes of creation, dissemination and application of intellectual property, which provides opportunity for reducing the law violation rate in the given sphere.

 

References:

0
Ваша оценка: Нет Средняя: 4 (1 голос)
Комментарии: 5

Королев Евгений Сергеевич

Замечательно проработанный на глубоком уровне высоконаучная работа, которая вполне заслуживает высоких оценок. С уважением к вашему таланту, Е.С. Королёв.

Гудадзе Мэги

Very deep and expert research in the field of national defense and security, shows the role and importance of intellectual property in the context of national defense and state security. I wish you further creative victories and successes!

Чиладзе Георгий Бидзинович

Dear colleagues, thank you very much for the appreciation of my scientific work and valuable comments. Yours faithfully, prof. dr. G.Chiladze

Гегешидзе Екатерина Бесиковна

Professor G.B. Chiladze in the article "THE ECONOMIC AND LEGAL ASPECTS CONNECTED WITH PROTECTION OF INTELLECTUAL PROPERTY AND MAINTAINING THE SECRECY ORDER IN THE COUNTRY'S DEFENSE AND SECURITY SYSTEM (PART. 1)" presented results of new approaches that reveal the modern legal and economic essence of effective state regulation and protection of intellectual property. Very deep and expert research in the field of national defense and security. Dear professor, I wish you continued success!

Чиладзе Георгий Бидзинович

Dear colleagues, thank you very much for the appreciation of my scientific work and valuable comments. Yours faithfully, prof. dr. G.Chiladze
Комментарии: 5

Королев Евгений Сергеевич

Замечательно проработанный на глубоком уровне высоконаучная работа, которая вполне заслуживает высоких оценок. С уважением к вашему таланту, Е.С. Королёв.

Гудадзе Мэги

Very deep and expert research in the field of national defense and security, shows the role and importance of intellectual property in the context of national defense and state security. I wish you further creative victories and successes!

Чиладзе Георгий Бидзинович

Dear colleagues, thank you very much for the appreciation of my scientific work and valuable comments. Yours faithfully, prof. dr. G.Chiladze

Гегешидзе Екатерина Бесиковна

Professor G.B. Chiladze in the article "THE ECONOMIC AND LEGAL ASPECTS CONNECTED WITH PROTECTION OF INTELLECTUAL PROPERTY AND MAINTAINING THE SECRECY ORDER IN THE COUNTRY'S DEFENSE AND SECURITY SYSTEM (PART. 1)" presented results of new approaches that reveal the modern legal and economic essence of effective state regulation and protection of intellectual property. Very deep and expert research in the field of national defense and security. Dear professor, I wish you continued success!

Чиладзе Георгий Бидзинович

Dear colleagues, thank you very much for the appreciation of my scientific work and valuable comments. Yours faithfully, prof. dr. G.Chiladze
Партнеры
 
 
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
image
Would you like to know all the news about GISAP project and be up to date of all news from GISAP? Register for free news right now and you will be receiving them on your e-mail right away as soon as they are published on GISAP portal.