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Ensuring Legal Protection of the Results of Intellectual Activity and the Commercialization of Rights to Them in the EAEU

https://doi.org/10.17803/1729-5920.2021.180.11.009-016

Abstract

The paper is devoted to the legislative and organizational instruments employed to ensure protection of the results of intellectual activity and the commercialization of rights to them in the member countries of the Eurasian Economic Union (EAEU), in particular in Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Uzbekistan (Observer in the EAEU). The authors have examined the regulatory and legal framework in the field of intellectual property of the EAEU countries, the experience of national patent offices, problematic issues of the modern development of the intellectual property (IP) market, commercialization of the results of intellectual activity (RIA). The role of the intellectual property market institutions in the management of rights to RIA was identified using a Russian venture company as a case study. The legislation analysis has revealed differences in approaches and depth of elaboration of the IP market institutionalization, heterogeneity of innovative and technical potential and legislation in the field of innovation. In addition, the analysis has determined the tasks of the EAEU member countries in the field of intellectual property protection and the need for further integration of the EAEU countries to form an effective IP market. The paper draws attention to the possibility of integrating the EAEU member states in the field of IP, which is important in the context of the progressive socio-economic development of countries. At the level of national economies, it is advisable to form IP ecosystems with due regard to the harmonization of the EAEU countries legislation in the field of protection of rights to RIA, as well as to create conditions for an effective institutional environment, that is flexible and adaptive in relation to all EAEU countries interested in cooperation. Constructing an interstate system of legal, financial, organizational mechanisms for the commercialization of rights to IP objects, using IP objects and the dissemination of best practices, for example, the experience of the Russian Venture Company as a development institut, constitute integral conditions for the effective functioning of the common IP market of the EAEU countries is the ion.

About the Authors

G. P. Ivliev
Federal Service for Intellectual Property (Rospatent)
Russian Federation

Grigory P. Ivliev - Cand. Sci. (Law), Associate Professor, Head Rospatent, Honoured Lawyer of the Russian Federation.

Nab. Berezhkovskaya, d. 24/12, Moscow, 125993



M. A. Egorova
Kutafin Moscow State Law University; IP International Competence Center, State Academy of Intellectual Property
Russian Federation

Maria A. Egorova - Dr. Sci. (Law), Professor, Head of the International Cooperation Department, Kutafin MSLU; Co-President, International Union of Lawyers and Economists (France); Expert of the Center for Scientific and Expert Analytics, "IP" ICCr, SA Intellectual Property.

Ul. Sadovaya-Kudrinskaya, d. 9, Moscow, 25993



References

1. Lenchuk EB. Problemy perekhoda k innovatsionnoy modeli razvitiya v stranakh postsovetskogo prostranstva [Problems of transition to an innovative model of development in the Post-Soviet countries]. Problemy Prognozirovaniya. 2006;4:126-145 (In Russ.).

2. Milosta E. Obzor i otsenka zakonodatelnykh usloviy dlya kommertsializatsii nauchno-tekhnicheskikh razrabotok v respublike belarus [Review and Assessment of the Legal Conditions for Commercialization of Scientific and Technical Developments in the Republic of Belarus]. Intellectual Property in Belarus. 2016;2:20-25 (In Russ.).


Review

For citations:


Ivliev G.P., Egorova M.A. Ensuring Legal Protection of the Results of Intellectual Activity and the Commercialization of Rights to Them in the EAEU. Lex Russica. 2021;74(11):9-16. (In Russ.) https://doi.org/10.17803/1729-5920.2021.180.11.009-016

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)