The Intellectual Property of Scientific Organizations and Rights to It

Abstract

One of the most acute problems inhibiting the establishment of innovative economics in our country is the imperfection of the legislation regulating the production of marketable goods on the basis of new technologies. Many specialists—both scientists and representatives of business entities—are certain that the current laws cannot effectively influence the creation of innovative chains. It is not an exaggeration to say that the current laws are not focused on building a knowledge‑oriented economy. It could be said that the problem of nascent intellectual property rights is the most important problem of the day. Who should be the proprietors of these rights? The scientists, business, or the state? And to what extent? Let’s try to debate this situation and consider herein the rights of scientific organizations to the results of intellectual property obtained within the framework of their activity.

Full Text

INTELLECTuAL PROPERTy ed: Government Decree n 1132 (d/d the Production results of Work which RIGHTS FROM THE STANDPOINT September 29, 1998) on High Prior-Belong by right to the russian Fed-OF CuRRENT LEGISLATION ity Measures to Protect State Interest eration approved by the russian Fed-up to the end of the last century, leg-in the Process of economic and civil eration Government Decree n 131, islation placed a high emphasis on turnover of Military, Special and dated February 26, 2002. the defense of the state's interests in Dual-Purpose research, engineer-All those documents gave the state the spheres of military, special and ing, and Production Work results; a priori the right to the results of milidual-purpose research, engineer-Government Decree n 982 (d/d Sep-tary and special and dual-purpose ing, and production work. In particu-tember 2, 1999) on the use of Scien-work carried out and specified the relar, Presidential edict n 556, dated tific and engineering Activity results; quirements for recording all resulting May 14, 1988, was issued. Within the and, finally, regulations on the State work. framework of that edict, the follow-control of Military, Special and Dual-the russian Federation Governing government decrees were adopt-Purpose research, engineering, and ment Decree n 982 (d/d September 2, 1999) on the use of Scientific and engineering Activity results (with amendments d/d november 17, 2005) stated that the rights to the results of scientific and engineering activity obtained using funds from the federal budget are to be conferred to the russian Federation, if (1) the rights to these results are not included in privatized property in accordance with the applicable procedure; (2) these results are not the exclusive rights of physical or legal bodies; (3) these results have not been applied for in accordance with the applicable procedure to gain exclusive rights. Most results of civil scientific and engineering activity obtained in the Soviet union were assigned to the state or were not identified or registered at all, because at the time, scientific organizations did not give due attention to copyrighting the created material due to a lack of funds and commercial interest. All this led to the following situation: most intangible assets were not included (or were partially included) in the balance sheet of scientific organizations and were not supported by any title documentation, in spite of the fact that the intangible assets were objects of economic activity (although not always legal).