Administrative Responsibility as a Means of Protection of Patent (Inventor’s) Rights in the Russian Federation: Some Issues of Legal Regulation

The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.

1. Bliznets IA. Pravo intellektualnoy sobstvennosti: teoretiko-pravovoe issledovanie : avtoref. dis. ... d-ra yurid. nauk [The right to Intellectual Property: theoretical and legal research: Author’s Abstract of Doctoral Dissertation (Law)]. Moscow; 2003. (In Russ.).

2. Eremenko VI. Nekotorye problemy kodifikatsii zakonodatelstva ob intellektualnoy sobstvennosti [Some problems of codification of legislation on intellectual property]. Zakonodatelstvo i ekonomika. 2014;2:3—9. (In Russ.)

3. Kirdyasheva EV. Intellektualnye prava v sisteme prav cheloveka [Intellectual Rights in the Human Rights System]. Lex russica. 2013;5:478—487. (In Russ.)

4. Lushnikova MV. Intellektualnye prava rabotnikov: problemy i resheniya [Intellectual Rights of Employees: Problems and Solutions]. Aktualnye problemy rossiyskogo prava. 2015;9. (In Russ.)

5. Meshcheryakov VA. Razvitie rossiyskogo patentnogo zakonodatelstva na sovremennom etape [Development of the Russian patent legislation at the present stage]. Imushchestvennye otnosheniya v Rossiyskoy Federatsii. 2012;4:29—36. (In Russ.)

6. Tyukalova NM, Kulakov NA. Administrativno-pravovaya okhrana patentnykh prav v Rossiyskoy Federatsii : monografiya [Administrative and legal protection of patent rights in the Russian Federation: A monograph. Khabarovsk; 2016. (In Russ.)