The concept of intellectual property strategy of the Customs Union
Boris Leontiev, PhD, professor, academician of the Academy of Natural Sciences, advisor to the partner network Customs & Corporate Lawyers
Today a number of leading experts in the world economy marked a qualitatively new stage in the development of innovative economy and the knowledge economy, as it is called. It is based on the legal basis of the global institution of intellectual property. Most large scale, quickly and efficiently this development occurs on the basis of modern requirements to individual objects of intellectual property, such as trademarks, patents and know-how. This involves a fundamental change in market relations, national priorities and the deeper meaning of the economy itself.
The problem is that each Member State of the Customs Union has its intellectual property legislation and guided by its norms regulating relations in the field of trademarks, trade names and other means of individualization of legal entities, patents, know-how, software, copyrights and licenses. Litigation on them at the international level before resolved on the basis of national laws. After joining the Customs Union the situation has changed. Common customs area qualitatively change the situation in this area. There should be a single universal norms regulating relations between authors and owners of intellectual property, and producers. There must not only be common standards, but common information systems, databases and software products that optimize relations within the Customs Union.
In 2010, WIPO prepared and distributed recommendations for the development of national strategies for intellectual property in countries with economies in transition in order to harmonize relations in the international market and accelerate the process [1,2,3].
The historical challenge
American and European managers unanimously argue that without a well-built relationship with the intellectual property of any innovation can not take place. Intellectual property is the main sense of innovation and builds a detailed internal logic of relations in each innovation project on any high-tech enterprise, corporations, industries, in any administrative center of scientific-industrial city, in any region, in any country, and the whole international community. The meaning of this logic is to encourage creative activity and productive participants in the market and, accordingly, to encourage innovation.
At the international level, relations in the sphere of trade, production and innovation are built on the basis of the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights). World Intellectual Property Organization (WIPO), which includes 185 countries, including member countries of the Customs Union, in order to normalize state relations actively raises the question of the establishment of national strategies for intellectual property. His work is known, the WIPO builds on international conventions on intellectual property, the base of which are the famous Paris (1883) on industrial property and the Berne (1886) by copyright. The rules, first of all, that those conventions are the basis of the content of the TRIPS Agreement. These standards now being built a national regulatory framework for intellectual property of any state. The focus is on the fight against counterfeiting and practice of judicial bodies of the various Member States of WIPO.
The problem of the quality of national innovation systems (NIS) that can "turn on the brains" of nations in the economic cycle and steadily increase revenues in the budgets of the member countries of the Customs Union, to a large extent depend on the availability of quality interstate intellectual property strategy. The creation and use of such inter-state strategy requires bringing together the best experts in the field. As a result, implementation of international intellectual property strategy is to expand the scale reproduction of the front jobs in all member countries of the Customs Union.
The approach to solving the problem of creating an effective NIS and, accordingly, the requirements for the use of interstate intellectual property strategies have their own characteristics. In Russia, for example, they come, firstly, from the business, do not feel so far sufficient incentive mechanisms for the reproduction of innovation. Secondly, it is due to modernization and innovation unit, respectively, with demand for MGSIS. Third, this is due to expectations of the community of specialists in intellectual property, really working today in various segments of the economy, including business, science, education, and government, public and private organizations.
In the external sector, they come from the WTO, WIPO, the United States and other countries. Enhanced action on development and implementation of inter-state intellectual property strategy within the framework of the Customs Union is due to the need to harmonize the relations in the sphere of trade and distribution of high-tech goods between member countries of the Customs Union on the market of intellectual property. Interestingly, the recommendations of the WIPO , first of all, start to enjoy themselves experts on intellectual property, including in the countries of the Old World, where in the past there was no such strategy. Today, these experts are trying to strengthen their national innovation market and other products of creative activity.
Within the framework of the Customs Union at the international level will require a certain understanding of such an important step, as well as support in the financing and implementation of this initiative.
Minimum Requirements for the development of inter-state intellectual property strategy must be sufficiently well-defined goals, objectives, principles of construction, the structure of the main functional elements of a strategy, defining a complete set of system software aligned directions of action and related activities, their hierarchy and unified organizational-administrative mechanism for its implementation as a whole . For this purpose, it is necessary to begin to formulate and discuss the concept of exemplary MGSIS. In our version of her presentation begins by defining the principles, objectives, tasks and structure of the functional elements.
Principles of construction MGSIS
The principles provide a comprehensive account of the features of the newly established system of relations in the sphere of intellectual property and reducing the risk of one-sidedness of its presentation and interpretation. If, presumably, several different groups of experts on intellectual property apart from each other by entrust the development of such a strategy, they all work out is not the same on the content of the document under the same name. This will happen because they will be guided by different principles due to the fact that they will have different abilities, qualifications, experience and therefore will offer ideas that are closer to them. Therefore, it should first outline the principles on which it is proposed to build the interstate strategy for intellectual property was to clear the position of the authors of the original, fundamental question.
1. Institutional cross-sectoral nature of the totality of knowledge and legal regulations constituting the content of this particular sphere of relations, we can say today as historically in all leading countries of the world over the past 500 years. Institute of Intellectual Property, penetrating all spheres of modern society is built on a very steady rate, knowledge and mechanisms for their implementation, perhaps more stable than many other institutions in the politics, economy, social sphere . A special feature of this institution is that it is unlike the rest, are united really emerging and already established at this historic moment almost the entire intellectual elite as any State and the international community. The mechanism of selection of elite play, firstly, through the name lists of intellectual property (in particular through the lists of scientific papers), and secondly, through the income derived from the creation and implementation of intellectual property and, thirdly, through a nominal premium, reward intellectuals for outstanding results. All this applies to the content, forms and results of the action of the Institute of Intellectual Property, which should be in every way to cultivate and promote.
2. An interdisciplinary approach is not initially a purely legal view of the fact that, although the legislative building is carried out mainly lawyers, but the scope and the content itself of intellectual property has an interdisciplinary character. If, for instance, consider a patent for the invention, the main it is the new technical content, legal form, and then, finally, the economic purpose. Similarly, we can consider the content, form and purpose of all other intellectual property. Yes, and the Institute of Intellectual Property is based on the scientific, technical or artistic content, the legal form and economic purpose. The development of civilization in the last century is mainly due to the quality of renovation, circulation and capacity of intellectual property. In this regard, experts today are three types of sales: scientific, legal and commercial, which should be considered together. Here it is necessary to add a technical revolution, until popular with professionals. It is this interdisciplinary nature should take into account developers and users MGSIS.
3. The strategic nature of intellectual property, qualitatively change the contents of the most popular objects of labor and means of production and, consequently, themselves actors in society, its use, determines the investment policy of any highly developed modern state, as well as trends in the global market. All the tactical steps to create, recording, promotion and use of intellectual property individually and in total have significant strategic implications. First and foremost, they are felt in the competitive environment in the market and in the area of effective investment of relevant programs and projects. High-quality intellectual property in commercial products and in the production makes it more comfortable life of its creators and users. It always changes the future of everyone who is involved in it. However, it should be remembered that technical, economic and organizational change our world, we increase the risk of our life and future generations, creating new zones and areas of use of complex equipment. Therefore, the security problem does not disappear, and, changing, yet will grow, not least because we are always expanding the area of artificial human life and society and slowly displace wildlife, which is invisible to us reproduce the atmosphere and the aquatic environment. Therefore, the balance between wildlife and society must necessarily be measured and regulated. The basis of these measurement and adjustment mechanism also needs to be a high-quality intellectual property. Therefore the question of the methodology of using intellectual property as a strategic tool, and double-edged, very relevant.
4. Local multi-vector character and application of the intellectual property in science, engineering, technology, business, art and literature. Locally applicable intellectual property acts as the pricing and forming the quality factor in commercial products. The business technology it - as pro form factor. For the entrepreneur - as business forming factor. For states, high officials, scientists and big business, it acts as, first, the factors increasing the number of jobs and, secondly, as a means not only developing the market in any national, but also in the global economy. It is enough to analyze the economic history of the intellectual property of Bill Gates and Steve Jobs as an example.
5. Intellectual property is a means of the liberation of the national economy from dependence on natural resources, which always comes to an end, or the demand for them is changing. In other words, intellectual property is a means of ensuring the independence of any national economy. Intellectual resources, unlike most natural resources is not only the most reproducible, but also multiply quickly at the right public policies and adequately prevailing social relations. So bet on the intellectual resources - is a bet on an independent natural resource economy and to sustainable and long-term prosperity. And where is the prosperity of the faster and clearer, and to flow away "brains" from countries with unfavorable conditions for intellectuals.
Goals and objectives MGSIS
Interstate intellectual property strategy is built on goals and objectives, its implementing that focus on a qualitatively higher level of economic development.
The main purpose is to accelerate the formation of MGSIS market innovations within the borders of the Customs Union on the basis of alignment has largely existing significant potential scientists, inventors and experts, as a combination of innovation-active businesses and individuals in the direction of the system and the collective resolution of problems faced by Member States customs Union in the development of innovative economy and the fight against counterfeiting.
Interstate intellectual property strategy should serve as a mechanism for integration synergies significant potential intellectuals member countries of the Customs Union and, above all, intellectual property specialists to minimize effort and maximize results with a joint resolution of problems reducing counterfeiting and development of innovative economy.
The task of creating MGSIS are:
- its involvement in the development and implementation of all the most qualified and motivated professionals, more than ten years of experience in intellectual property and innovation;
- search and attraction of financial resources sufficient to implement MGSIS as a whole and in its individual areas;
- MGSIS bring to the attention of government officials and the services they headed and appropriate to the direction of public organizations and mass media;
- the involvement of senior officials, academics and entrepreneurs, as well as the general public in the implementation of this MGSIS;
- search for and appointment of a legal entity responsible for the development and implementation of SGSIS the period of its implementation;
- monitoring progress in the implementation MGSIS, its adjustment, the development and periodic (every five years) in order to update the update tasks and mechanisms for its implementation.
Design and implementation of international intellectual property strategy in line with the above goals and objectives should be specific to both the intellectual property status of the control object and a very complex area of international relations, including the specifics of the intellectual property market, innovation, creativity, and other products. This accounting specificity can be made via a predetermined structure target areas MGSIS implementation.
Structural elements MGSIS
Using the above principles, goals and objectives of both the original installation from which you can start building the interstate intellectual property strategy within the framework of the Customs Union, we highlight the following blocks as special targeted strategies, sub-strategies, or vector strategy. These, in our opinion, should include the following:
- Methodology of intellectual property in the field of science and education;
- legislation and rule-making on intellectual property in the field of justice;
- innovative environment based on intellectual property in the field of science, business, education and government support;
- the fight against counterfeiting;
- information environment of understanding of intellectual property and its role in society and mechanisms;
- proceedings and judicial practice in violation of non-exclusive rights of authors and copyright holders the exclusive rights of intellectual property;
- monitoring methodology, legislation, innovation and information protection and judicial practice in order to provide feedback and more efficient development of the institution of intellectual property.
The urgency of the entry into force of the interstate quality intellectual property strategy today is particularly high. It is enough to slow the development of innovative economy, in particular, it occurs due to the fact that the scope of intellectual property at the international level as a whole today is not sufficiently regulated, coordinated by its goals and objectives, and more in a state of spontaneous self-organization, although individual acts continue to fill the information space Lawyers working in this field. This problem state shows statistics on registration of intellectual property and contracts for their transfer, where performance indicators are worse today of the Soviet period, although there was no market relations and acts of recognition of intellectual property in the economy.
The main problem is the development of innovative economy in the framework of the Customs Union, in our opinion, it is the lack of a single ideology and personality ideologue. The elimination of this deficiency, in particular, contribute to interstate strategy of intellectual property and the active position of the public of member countries of the Customs Union.
Combining state of the Customs Union on a new legal basis puts before government officials, businessmen and public figures of many new challenges to ensure the effective integration in the new environment. One of the most important groups of new specific objectives now matures in new business relations and business cooperation in the field of intellectual property. Here, new problems arise, known as parallel imports and the exhaustion of rights which may be the cornerstone, if they do not adjust in time to normative.
This publication, we hope to draw attention to the problem of inter-state not only policymakers, but also experts from different sectors of the economy, science and education of member countries of the Customs Union. Combining the efforts of different specialists will ensure better preparation of the document, which will systematically improve the condition and prospects of development of innovative economy in the framework of the Customs Union.
On the basis of sketches of specialists of the Institute INES, NDSC and the Committee on Intellectual Property and the RF CCI offer to develop and implement MGSIS Customs Union. It should be borne in mind that such public policies have either established or are now in the member states of the Customs Union. New interstate intellectual property strategy of the Customs Union will help to minimize the number of possible conflict situations in the near and distant future. However, it is important to note that we really look forward to significant growth synergies from the merger of scientific, technical and economic potentials of several countries. This should be a new stage in the economic prosperity of our countries.
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 BB Leontiev The institutionalization of the State Intellectual Property // Intellectual Property. Industrial property. Number 2, 2011, pp. 4-16