scholarly journals The Role of Innovation Infrastructure Development Institutions in Ensuring Legal Protection and Commercialization of the Results of Intellectual Activity

2021 ◽  
Vol 16 (8) ◽  
pp. 72-79
Author(s):  
M. A. Egorova

The forms of commercialization of innovations, due to their uniqueness, are quite diverse. The monetary method of maintaining competition is outdated. In this regard, legal instruments, institutional environment and institutions for the development of innovations—technoparks, technopolises, business incubators, scientific and technological centers—are being increasingly used. Such catalysts of knowledge and innovation consolidate the interests of the State, business and society. The paper examines the innovation infrastructure in the context of law, identifies the problems of commercialization of rights to the results of intellectual activity (RIA). The author carries out a sistematic analysis of the Russian regulatory framework for innovation, commercialization of innovation and RIA, and the legal framework for the activities of innovation development institutions. It is substantiated that the protection of the results of intellectual activity and the legislative consolidation of a set of measures for the protection of intellectual property represent the most important backbone elements of the national innovation system. When analyzing the legal framework for the creation of technology parks, business incubators and innovative scientific and technological centers, their significant participation in the commercialization of RIA was revealed. However, legal support for participants in innovative activities, entrepreneurs for state registration and protection of rights to RIA is carried out insufficiently and fragmentarily. The author examines the foreign experience of technoparks’ activities, their types and legal regulation.

Author(s):  
Nikolai Kudelkin

The Arctic continues to attract more and more tourists. In some of the Arctic regions, tourism in general and cruise tourism in particular is becoming one of the fastest growing economic sectors. However, aside from the economic benefit, the Arctic tourism poses a certain threat to the sensitive environment of the Arctic, which currently experiences constantly increasing pressure from economic activity and climate change. Major negative consequences of tourism activity include the pollution of territories and water zones, worry of animals, direct destruction of flora and fauna, loss of the places of habitat due to infrastructure development, etc. The listed facts underline relevance of the selected topic of research, as well as the need for legal protection of the Arctic environment from negative effects caused by tourism. Analysis is conducted on the current situation in the area of Arctic tourism, as well as the questions of Russia’s Arctic policy pertaining to tourism activity. A brief overview is provided to the international legal regulation in this sphere. The author concludes on the insufficiency of legal regulation in the area of Arctic tourism, and gives recommendations on the improvement of Russian legislation. It is noted that tourism is one of the few types of activities in the Arctic that sparks interests of multiple countries, and in which the acceptance of universal standards seems possible.


2018 ◽  
Vol 4 (3) ◽  
pp. 210-226
Author(s):  
D. P. Fedulkin ◽  
V. G. Zinov

The article presents an overview of public policy measures in the field of identification, consolidation and inventory of rights to the results of intellectual activity with a high potential of industrial use. Proposals for the development of mechanisms of legal protection of individual intellectual property objects are substantiated. The instructive and methodical regulation of works on registration of results of scientific and technical activity under the state contracts is analyzed. Attention is paid to the complexity of the procedure of passing and agreeing the final results of their implementation. Methodological approaches to the improvement of identification and inventory of protectable results of intellectual activity obtained in the course of execution of state contracts as part of the organization’s activities in the field of innovation and technological development in order to implement the business strategy in the domestic and global markets are proposed.


Author(s):  
Nikolay Kulakov ◽  
Mariya Saveleva

Introduction. Digital technologies are booming in the modern world. The resource economy is being replaced by the innovation economy. The results of intellectual activity occupy an increasing place in the economies of different countries. But any important invention must be properly protected. The purpose of this article is to study the problems of legal regulation of patent rights in the Russian Federation. Methodology. The work used General methods of cognition-comparison, analysis, synthesis, abstraction, system, structural and functional approach, ascent from the abstract to the concrete, etc. Results: the study allowed the authors to formulate a conclusion that administrative and legal liability as a means of legal protection of inventive rights, characterized by the presence of significant potential. However, a set of reasons prevents the realization of this potential to a sufficient extent. Among such reasons, the authors, among other things, rank the problems of legal regulation of administrative responsibility and civil liability in the field of patent law. The study of some of these problems allowed the authors to form several proposals for amendments to the current legislation.


Author(s):  
Олена Володимирівна Зарічна

The paper discusses the research findings on building innovation infrastructure in the framework of cross-border partnerships within the European vector of foreign economic relations development. The key strategic areas for creating business incubators and enhancing integration processes in terms of cross-border partnerships are identified. The alternative ways of funding innovative projects and providing support for innovation infrastructure in the context of cross-border collaboration in the form of public-private partnerships are suggested. The paper argues that public-private partnerships in cross-border cooperation involves not the whole spectrum of relations between communities within the territories of neighbouring states but only those that are associated with general use public infrastructure development and related services provision. Evidence is given that, on the one hand, cross-border infrastructure itself acts as an object of investment, and on the other one, is an essential prerequisite of investment attractiveness and economic growth. It is briefly explained that building an innovation infrastructure on the basis of cross-border partnerships will contribute to: improving the business climate and building environment for investments inflow into Ukrainian economic regions; increasing turnover, boosting small and medium entrepreneurship; creating and maintaining cross-border economic and business incubators, clusters, enhancing and further developing of infrastructure. It is specified that the integration of the developed innovation infrastructure with education, research and business brought together provides for building efficient industry innovation chains, implementing the full cycle of competitive scientific and technological product development – from a research idea to a large-scale manufacturing.


Author(s):  
Khursanov Rustam Kholmuratovich ◽  

In fact, the development of startups plays an important role in shaping the national innovation system of the country, further increasing the share of innovation in the economy, creating new types of goods, works and services. Although there is no separate law in our country directly regulate the activities of startups, there are dozens of laws that indirectly cover this area. It is natural that the existing legal framework in this area will serve as a legal regulator in the development of startups in the country and the formation of a national innovation system. Today, the models of developed countries in the legal regulation of innovative activities are used as an example by many developing countries. The national model of innovative development of the Republic of Korea is one of them.


2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).


2019 ◽  
Vol 8 (3) ◽  
pp. 455
Author(s):  
Victor Beschastnyi

The tasks of developing international cooperation in the agrarian sphere between Ukraine and the international community, including the European Union, were determined. The existing reasons for the development of small and medium business representatives are analyzed. The updated structure of the object and the subject side - components of agrarian management is determined. The tendency of international development of organic farming is taken into account. The description and practical significance of the appropriateness of securing the terminological understanding of "raider", "peaceful possession of property" with the aim of unification of the norms of the national legislation with the international ones, including the European one, is given. The state-legal regulation on the way of preventing the offense from the standpoint of functioning of state bodies is considered. Due to the comparative method of scientific study, proposals for changes to the current normative and legal framework of Ukraine are determined. There is a distinction and the need to ensure legal protection and protection of the most vulnerable category of subjects. Today, it is the owners of land plots, including owners of land plots (shares), which have been given a land plot for private peasant farming, horticulture, gardening, subsidiary farming. In particular, such protection should be based on positions of economic, social, legal and moral orientation, which defines an integrated and systematic approach. The state authorities should, through their functional duties and through the authority to provide assistance to such economic entities.           Keywords: raiding, peaceful possession of property, agrarian sphere, organic farming, state-legal and state-private mechanism, international agrarian cooperation, agrarian raiding, "weapons" institute


Author(s):  
Ivars Kronis

Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi. In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.


Author(s):  
Aleksandr Ivanovich Sidorkin

The subject of this research is the problems of ensuring transportation safety at the initial stage of establishment of Ancient Rus’. The author explores the origins of formation of the national legal framework for ensuring transportation safety; as well as describes the transition from extralegal means of ensuring transportation safety (physical armed defense of the subjects of transport relations) towards legal regulation of this issue. The platform of transportation safety of that time was based on the variety of transportation services, first and foremost, international. Emphasis is made on the natural-climatic conditions, due to which the East Slavs put the problem of ensuring safety of water transportation to the forefront. Application of the narrative method of research allowed structuring a logically consistent image of the formation of legal framework for ensuring transportation safety in its historical development. The comparative legal method allowed analyzing the processes of formation of legal framework for ensuring transportation safety in the countries that dealt with Ancient Rus’ in this field. The author supports an opinion on infeasibility of juridification of relations in the area of transportation safety in the pre-state period; only with the emergence of state institutions in the territory of East Slavs, they take on the functions of legal protection of the subjects of transport relations. The first international agreements of the Kiev State and the Novgorod Feudal Republic confirm this conclusion.


2020 ◽  
Vol 10 (5) ◽  
pp. 76-88
Author(s):  
KSENIA BELIKOVA ◽  

This article is aimed at understanding the current state and necessity of transformation of traditional mechanisms for protecting the competitive environment under the influence of networking and the place of blockchain in the regulatory system in the context of applying new competitive tools (aggregators price algorithms) based on the experience of foreign countries, including the perspective and approaches of newest law enforcement (judicial) practice, taking into account the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. Based on analytical reflections on the information gathered from sources and literature from the list of references the author analyzes legal framework of competition protection developed in the new technological reality, takes into account the approaches of foreign countries and the Russian Federation that determine the acceptability of the application of blockchain in the field of legal protection of competition. The relevance, theoretical and practical significance of this research is due to the emergence of new tools (aggregators and price algorithms) of competitive market struggle in the light of application of a blockchain technology that might influence the competition. The author's results are presented, among others, in the idea of the possibility of “transfer” of anti-competitive actions (price manipulation and collusion, unequal sale / distribution of information / advertising, etc. conditions) to the niche occupied by price algorithms and aggregators of information, and the need to establish a new legal framework of these new market factors.


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