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Experts call for the creation of a federal patent court
The round table held in the Federation Council on the topic “Legal problems of protecting Russian owners of intellectual property rights in the context of globalization of the world economy” turned into a lively discussion about the fate of domestic modernization.The organizers planned to assess the existing regulatory framework for ensuring intellectual property rights, as well as identify problems and discuss ways to solve them. However, during the conversation it became clear that in protecting intellectual property we must start with its creation.
The moderator of the discussion, Chairman of the Senate Committee on Education and Science, Khusein Chechenov, began by noting that “the tasks of modernization cannot be solved without streamlining the situation with intangible assets and intellectual property.” “But we don’t have intangible assets on our organizations’ balance sheets,” he complained. “According to competent people, the leakage of unprotected intellectual raw materials can be equated to the export of hydrocarbons.” True, there is a ghostly hope that preparations for Russia’s long-awaited entry into the World Trade Organization will allow us to reach a new level of protection for Russian copyright holders abroad.
However, even more than this, the round table participants were concerned about the fact that in the current conditions the state is not fully exercising its rights to create new technologies within the framework of research and development (R&D). Experts believe that this is due to the division of functions between departments: military R&D falls under the jurisdiction of the Ministry of Defense, while the Ministry of Education and Science deals with civilian activities. At the same time, the share of public investment in R&D reaches 75% - this is the highest level in the world with the lowest level of private investment. In technologically developed countries the picture is the opposite - the private sector finances three-quarters of scientific research, and the government's share can be only 16%, as in Japan.
“Capital strives where the profit is,” Vladimir Meshcheryakov, adviser to Gorodissky and Partners LLC, reminded his colleagues in this regard. - And today the private sector is not investing in an innovative method of production, because it is necessary to first invest risk capital in scientific developments. So if we set out to make the economy innovative, we need to make the conditions for attracting capital attractive.”
Mr. Meshcheryakov called the existing benefits fragmentary and noted that they do not work. Worse, the funds allocated by the state are often spent ineffectively. “There are cases when 100 billion rubles. invested in the development of products, three quarters of which, according to the plan, will be exported, but there is no international patent!” - Hussein Chechenov gave an example.
Professor of the Russian Academy of Civil Service under the President Konstantin Pletnev demanded an urgent educational program in the field of intellectual property: “I had to see people from the middle level of regional administrations, deputy heads of administrations who did not have a basic understanding of copyright objects.”
“There is no unified state policy in this area,” confirmed Nikolai Lynnik, Director General of the International Institute of Industrial Property.
As a result of all this disgrace, the export of Russian high technology is only 0.1%, while in industrialized countries 80-95% of the growth in GDP comes from the “knowledge economy”.
It was not possible to decide how to deal with this scourge within the framework of the round table. Hussein Chechenov gave those interested until January 20, 2010 to submit proposals, which would then be sent to the Federal Assembly and the government. “We will take them into account in the best possible way, if this is taken into account at all,” he promised.
At least one of the ideas voiced during the discussion was greeted with enthusiasm by professionals. We are talking about creating a federal patent court. The Federal Assembly will be recommended to expedite the consideration of changes to the Customs Code as part of the implementation of the 2006 agreement between Russia and the United States on the protection of intellectual property rights. Meanwhile, the Federation Council itself submitted another draft law for consideration to the State Duma - “On the results of intellectual activity.” The authorship belongs to Mr. Chechenov and the Chairman of the Federation Council Committee on Economic Policy and Entrepreneurship Oganes Ohanyan.