Technology Commercialization Russian Challenges, American Lessons (1998) / Chapter Skim
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Development of Legal Regulations for Technology Commercialization in Russia
Development of Legal Regulations for Technology Commercialization in Russia
Pages 60-66
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From page 60... ...
These laws include the Patent Law of the Russian Federation, the Law of the Russian Federation "On Trademarks, Service Marks, and Names of Places of Origin of Goods," the Law of the Russian Federation "On Achievements in Breeding and Selection," the Law of the Russian Federation "On Legal Protection for Computer Software and Data Bases," the Law of the Russian Federation "On Legal Protection for Topologies of Integrated Microsystems," and the Law of the Russian Federation "On Rights of Authorship and Associated Rights." The Civil Code of the Russian Federation, which subsequently was adopted, contains general provisions pertaining to intellectual property. These laws are in accordance with the legislation of highly developed countries in the area of intellectual property.
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From page 61... ...
RELIABILITY OF PROTECTIVE DOCUMENTS AND THE JUDICIAL SYSTEM The reliability of protective documents, particularly patents on inventions, was rather high in the former USSR and remains so in Russia today because patent legislation and related administrative directives in the former USSR and now in Russia stipulate very detailed methodological approaches in evaluating the patentability of an invention. Experts from the USSR and Russian patent agency traditionally have performed thorough scientif~c-technical and methodological analyses of proposed inventions during the course of their patent examinations.
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From page 62... ...
In contrast to general jurisdictional courts, these courts only review disputes of an economic nature, including disputes concerning violations of exclusive rights. The Russian patent system provides rather film guarantees of observance of the rights of investors to intellectual property they use, particularly in the case of inventions, as long as the investors themselves make professionally competent efforts to obtain legal protection for this intellectual property in Russia.
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From page 63... ...
To further stimulate investment in the Russian economy and promote the growth of industrial output, measures to resolve the aforementioned problems in the area of technology commercialization are planned. The Ministry of Science and Technology of the Russian Federation and the Russian Agency on Patents and Trademarks, in cooperation with other federal executive agencies, have prepared drafts of normative legal acts calling for the establishment of state policies to develop the intellectual property market and bring the results of scientific-technical activity to bear in the national economy.
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From page 64... ...
Finally, state contracts must spell out budget expenditures for the patenting of inventions in Russia and in foreign countries where there are markets for products based on these inventions. In addition to measures connected with state contracting procedures, efforts are under way to amend the Patent Law and other special laws providing legislative protection of the rights of the state to the scientif~c-technical results of federally funded work.
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From page 65... ...
In the section of agreements dealing with the distribution of rights to jointly created intellectual property, the participants must take into account various factors, including the contribution of each participant to the work performed (such as previously existing intellectual property, intentions, commitments, and capability to provide the necessary legal protection for jointly created intellectual property) and the proposed participation of each participant in commercial use of jointly created intellectual property.
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From page 66... ...
Agreements also should address that the transfer of assets involving elements of intellectual property from one party's country to another party's country for the purpose of joint activities under the contract. Furthermore, agreements should specify that this transfer must not violate the legal rights of any third parties in the country from which the transfer is made.
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