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The legislative basis for the protection and defense of intellectual property can be found in the civil and criminal codes, the patent law, the law ''On Copyrights and Associated Rights," and other special laws. These laws protect the interests of intellectual property owners both within Russia and in foreign markets. However, most of the legal framework was created and adopted in 1992 and 1993, and therefore it does not reflect the rapid institutional changes, particularly with regard to property, that have taken place in Russia. Certain imperfections in the laws, as well as the absence of an adequately developed system of judicial redress concerning intellectual property rights, may be compensated for, but only to a certain extent, by careful preparation of contracts for the performance of scientific-technical work.
Unfortunately, in practice the government has declined to control the use of scientific-technical results obtained using government funds. The consequence had been the spontaneous redistribution of rights to such results, the ineffective use of research results, the development of many undefined and contentious relationships, and the violation of the legal rights of patent and copyright owners. These developments highlight the need to examine the entire set of issues associated with the creation, legal protection, and introduction into the economy of the results of scientific-technical activity and to formulate the basic position of the government on the questions of intellectual property arising in the scientific-technical sphere. These issues include:
The government should encourage commercial sales of scientific-technical results, with appropriate legal protection, to stimulate profitable activities on the part of scientific-technical organizations.
The government should not permit industrial enterprises to appropriate research results from scientific-technical organizations for the so-called "interests of the industrial sector." Instead, the government should require enterprises and research organization to develop legal, contractual relationships, primarily through licenses that provide economic incentives for scientific-technical work.
The government should require that scientific-technical work funded by the federal budget is carried out on the basis of legal contracts and associated arrangements. These contracts should stipulate the rights of (a) the creators of the research results, (b) the scientific-technical organizations that employ these individuals, and (c) the state as represented by federal executive agencies or their officials. Demarcation of these rights must be tied to specific obligations and must ensure legal protection of intellectual property and its future use, especially its commercial use.
The government should use the principle of competition to decide financial and other types of support to organizations and entrepreneurs in the scientific-technical sphere. It should make such support available on a repayable or non-repayable basis. In the process of allocating such support, the government must give priority to the protection of intellectual property,