THE PROCEDURE FOR THE IMPLEMENTATION OF MILITARY-TECHNICAL COOPERATION AND THE DELIMITATION OF OWNERSHIP RIGHTS TO ITS RESULTS BETWEEN THE BRICS COUNTRIES - THE RUSSIAN FEDERATION AND BRAZIL, THE RUSSIAN FEDERATION AND SOUTH AFRICA

2021 ◽  
Vol 14 (6) ◽  
pp. 151-156
Author(s):  
MARYAM AKHMADOVA ◽  
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Russian Federation ◽  
Technical Cooperation ◽  
Intellectual Activity ◽  
Brics Countries ◽  
Strategic Role ◽  
The Russian Federation ◽  
Key Aspects ◽  
Ownership Rights

The article discusses the procedure for the implementation of military-technical cooperation and the delimitation of ownership rights to its results between the BRICS countries - the Russian Federation and Brazil, the Russian Federation and South Africa. At the same time, the focus of the author's attention is on the transfer and use of previous intellectual property, the distribution of rights to the results of intellectual activity and the procedure for resolving disagreements and disputes between the contracting parties and (or) participants to contracts. The relevance of the study is due to the fact that military-technical cooperation has a strategic role for modern Russia, designed, on the one hand, to strengthen the country's military and political positions in the world, and on the other, serves the purpose of maintaining the country's defense capability and military security at the proper level. The research conducted based on such methods of scientific cognition as: general scientific dialectical, formal legal and comparative legal methods, etc. At the same time, the author proceeds from the subjective-objective determination of processes and phenomena, and their interconnectedness. The novelty of this research is determined by its very purpose, subject and range of sources under consideration. In this format, the author came to the conclusion that the approaches of the BRICS countries under consideration on some key aspects of regulating the protection of intellectual property, both transferred and created within the framework of military-technical cooperation, are largely similar. At the same time, the regulation of the use of the results of intellectual activity is the basis of relations between the Russian Federation and the BRICS countries in military-technical cooperation and is aimed at excluding unauthorized use of such products, therefore, the conclusion is formulated that the regulatory framework in the field of military-technical cooperation in terms of its international legal component on ensuring the protection of intellectual property transferred and received within the framework of such cooperation needs further improvement.

scholarly journals Security of rights to intellectual property created in joint activity within the framework of bilateral agreements between Russia and BRICS countries on the scientific and technical cooperation

2019 ◽  
pp. 38-47 ◽  
Author(s):  
Maryam Abdurakhmanovna Akhmadova
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Service Development ◽  
Technical Cooperation ◽  
Bilateral Agreements ◽  
Brics Countries ◽  
The Russian Federation

The subject of this research is the international acts in the area of scientific and technical cooperation of the BRICS countries – bilateral agreements between the Governments of the Russian Federation and Brazil (2007), Russian Federation and India (1994), Russian Federation and China (1992), Russian Federation and South Africa (2014), and others pertaining to protection and security of rights to intellectual property. Attention is focused on the problematic moments in legal regulation of the “preceding” and “created” within the framework of these acts of intellectual property, including the questions of dispute settlement between the parties, the order of allocation of rights to service development and compensation for them, structure and content of separate contracts concluded in accordance with the indicated agreements, etc. The scientific novelty consists in articulation of the problem and approaches towards its research. The author comes to the conclusion on the sufficient elaboration of the bilateral agreements between the Russian Federation, India and China, which is viewed as a crucial factor in the development of further cooperation in this area for the purpose of ensuring of economic modernization of these countries on the innovative basis. However, the cooperation between Brazil and South Africa is not well developed, therefore the leadership of these countries does not take measures on development and signing of intergovernmental protocol to the Agreement between the Russian Federation and Brazil, called to regulate mainly the questions of legal protection of intellectual property, which manifests as the factor hampering the development of cooperation.

scholarly journals Legal regulation of the development and application of artificial intelligence in military sector of the Russian Federation in the context of the government strategy and ensuring the protection of intellectual property rights

2021 ◽  
pp. 26-42
Author(s):  
Maryam Abdurakhmanovna Akhmadova
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Military Equipment ◽  
Legal Perspective ◽  
Legislative Framework ◽  
The Russian Federation ◽  
The Government

The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.

INHERITANCE OF EXCLUSIVE RIGHTS

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Civil Code ◽  
Intellectual Activity ◽  
The Russian Federation

В статье рассматриваются особенности наследования исключительных прав. Обращается внимание на отсутствие унификации норм о наследовании прав на результаты интеллектуальной деятельности. Предлагается включить в часть третью ГК РФ отдельную главу, посвященную наследованию интеллектуальных прав. The article discusses the features of the inheritance of exclusive rights. Attention is drawn to the lack of unification of the rules on the inheritance of rights to the results of intellectual activity. It is proposed to include a separate chapter on the inheritance of intellectual property rights in Part three of the Civil Code of the Russian Federation.

scholarly journals Comparison of approaches to legal regulation of e-commerce in the BRICS countries

2020 ◽  
Vol 4 (1) ◽  
pp. 42-53
Author(s):  
Evgenia Serova
Keyword(s):  
South Africa ◽  
Electronic Commerce ◽  
Russian Federation ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Research ◽  
Republic Of China ◽  
Brics Countries ◽  
The Russian Federation ◽  
The Republic

The article examines the importance of e-commerce in the modern world, as well as the level of its development and legal regulation in the BRICS countries. The author studied the problems of functioning of international electronic commerce during the 2020 coronavirus pandemic. For the purpose of comparative legal research, the legislation on electronic commerce of the Russian Federation, the People’s Republic of China, Brazil, India, and the Republic of South Africa was considered. In the course of the study, it was concluded that the existence of a single normative act regulating exclusively legal relations within the framework of electronic commerce was the most effective way of legal regulation in this area.

scholarly journals Protection of cross-border trafficking of intellectual property in the context of the economic and legal integration of the Russian Federation

2015 ◽  
Vol 2 (2) ◽  
pp. 195-203
Author(s):  
A O Inshakova
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Protection ◽  
International Standards ◽  
Customs Union ◽  
Legal Analysis ◽  
Intellectual Activity ◽  
Global Information Society ◽  
The Russian Federation

The article is devoted to legal analysis of qualitative renewal of existing civil law regarding the protection of intellectual property rights and means of individualization associated with the modernization of the economy and legal system of the Russian Federation, its entry into international organizations such as the Council of Europe, the EurAsEC Customs Union, WTO. International uniform standards for protection of intellectual property, taking into account the growing «immensity» of their turnover, and the risks associated with the misuse of their use, including for the purpose of infringing competition and monopolize the market, pay close attention to the institution of a national legislator exclusive right to the products of creative activity. In order to assess compliance with international standards such updated provisions of the Russian civil law the analysis of foreign legislation, jurisprudence and doctrine. The author’s evaluation of common internationally recognized approaches and standards for the creation, registration and use of the results of intellectual activity, legal protection, commercialization and protection of the rights to them, requiring reflection in a national legal reform also takes into account the active development of globalization and building a global information society.

scholarly journals FORMALIZATION AND AUDIT OF THE SYSTEM OF MANAGEMENT OF RIGHTS TO THE RESULTS OF INTELLECTUAL ACTIVITY AT AN ENTERPRISE

2020 ◽  
Vol 30 (1) ◽  
pp. 51-57
Author(s):  
S.A. Polukhina
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Intellectual Activity ◽  
Business Goals ◽  
Modern Enterprise ◽  
Effective System ◽  
The Russian Federation ◽  
Innovative Potential ◽  
Enterprise Competitiveness

The principles of building an effective system of management of rights to the results of intellectual activity (SM RIA) are considered. The results of intellectual activity (RIA) represent the assets of an organization that directly affect the innovative potential of the enterprise, competitiveness, capitalization of the business and its profitability. In this regard, the protection of rights to RIA, the accounting of intellectual property (IP) and the further commercialization policy of RIA appear to be important tasks of a modern enterprise. The formalization of SM RIA at an enterprise is impossible without a full audit of intellectual property. Audit of intellectual property concludes a complex of expert analyses and audit of documentation on the results of intellectual activity available in the organization. The audit will reveal inconsistencies with the legislation regulating the protection of RIA, accounting of IP and reflection in the reporting of IP, the correctness of the assessment of RIA, the procedure of capitalization of RIA, and answer questions about the effectiveness of the existing SM RIA in the implementation of the policy of commercialization of RIA. Further formalization of the SM RIA is represented by the sequence of bringing the reed SM RIA with the legislation of the Russian Federation and business goals.

scholarly journals LEGAL ENTITIES AND INDIVIDUALS AS PARTICIPANTS IN LEGAL RELATIONS FOR THE CREATION AND USE OF THE OFFICIAL RESULT OF INTELLECTUAL ACTIVITY

2021 ◽  
Vol 6 (6(56)) ◽  
pp. 47-51
Author(s):  
O.V. Nikulina
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Scientific Research ◽  
Labor Law ◽  
Intellectual Activity ◽  
Technical Potential ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Entities

The purpose of this study is to substantiate the need to revise the current legislation in terms of determining the circle of participants in legal relations for the creation and use of official results of intellectual activity. Through scientific research, the creation of inventions, selection achievements and other results of intellectual activity, including official ones, the scientific and technical potential of scientists in the Russian Federation is realized. However, disputes often arise between legal entities (employers) and the creators of the result of intellectual property (employees) on the creation and use of such a result. The author examines the circle of participants in legal relations associated with the creation of a service result of intellectual activity and with its subsequent use. The characteristics of the subjects of the studied relations are given, the problem of defining the work of co-authors as joint is revealed. The conclusion is made about the need to transfer the priority in determining the subjects of legal relations to create an official creative result from the terminology used in labor law to civil law terminology. Provisions are proposed for amending modern legislation, namely: replacing the term «employee» with «author» in the norms on service RIA, and the term «employer» with «employer».

FEATURES OF FUNCTIONING OF INVESTMENT-INNOVATIVE ACTIVITY. DOMESTIC AND FOREIGN EXPERIENCE

2020 ◽  
Vol 2 (3) ◽  
pp. 90-96
Author(s):  
A. P. DROZDOVA ◽  
◽  
S. M. MOLCHANOVA ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Economic Incentives ◽  
Intellectual Activity ◽  
Accounting Data ◽  
Foreign Companies ◽  
Scientific Potential ◽  
The Russian Federation ◽  
Innovative Potential ◽  
Business Entities

The article discusses information sources in assessing the effectiveness of innovations, types of cash inflows, cash outflows in the context of the organization's operational, investment and financial activities. The problem of insufficient relevance of accounting data in the analysis of the effectiveness of investment in innovation is reflected. The need for systematization of the current regulatory legal acts of the Russian Federation to integrate information on the results of intellectual activity into a single mechanism for effective management of the development of innovative potential of the Russian Federation is noted. The experience of foreign companies in the investment and innovation sphere is summarized. The factors influencing the development of the scientific potential of Russian companies and the need to introduce economic incentives for innovation entities are presented. The functions of the RF authorities in the field of legal regulation of innovations for the successful development of mechanisms for interaction between business entities and the state, the protection of intellectual property and the growth of the effectiveness of the practical application of innovative developments are generalized.

scholarly journals The Practice of Review of Cases on Challenging Statutory Acts of the Russian Federal Service for Intellectual Property by the Intellectual Property Rights Court: Keeping Going over the Same Ground

2020 ◽  
Vol 10 ◽  
pp. 16-21
Author(s):  
Ekaterina Yu. Andreeva ◽  
◽  
Moisey I. Lifson ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Utility Model ◽  
Reasonable Time ◽  
The Russian Federation

The article is devoted to the institution of challenging the normative legal acts of Rospatent in the Court on Intellectual Rights on the example of several cases examined by the Court. The authors highlight a number of problems in this area. Since the consideration of a public objection to a patent for a controversial utility model or invention and the decision on the results of the consideration of such an objection is within the competence of Rospatent, and the PIS performs only a supervisory function, it is difficult to solve this problem within a reasonable time. The authors propose: all disputes related to intellectual property after issuing a security document should be resolved not in an administrative - judicial manner, but only in a judicial one, by analogy with the violation of the patent of the Russian Federation for intellectual property objects.

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