Institutionalization of Intellectual Property on Resource-Saving Technologies and Materials: A Comparative Institutional Study of USA and Russia

  • Agnessa INSHAKOVA Civil and International Private Law Department (affiliated with South Scientific center of Russian Academy of Science), Volgograd State University Volgograd, Russia
  • Daniil FROLOVA Marketing Department, Volgograd State University, Volgograd, Russia
  • Svetlana KAZACHENOK Civil and International Private Law Department (affiliated with South Scientific center of Russian Academy of Science), Volgograd State University, Volgograd, Russia
  • Irina MARUSCHAK Volgograd State University, Volgograd, Russia

Abstract

The intellectualization of the prime factors of production as the determining inevitability of forming the innovative economy is accompanied by the intensification of involvement in the economic turnover of the results of scientific and scientific-technical activity and determines the special importance of intellectual property law. The economic relevance of the corresponding legal sector, as well as the empirical analysis of the practical activities of the authors, determined the research, which appeals to the process of the national lawmaking in this civil institution. In terms of the activities of the national economic entity LLC ‘GRUS’, which implements the production of high-tech materials, including nanomaterials, the balance between the exclusive rights of authors and investors in the innovative cross-border cooperation is considered. The authors comment on the novelty of civil law relating to the registration of the results of intellectual activity, as well as the special legal regime of dependent inventions, utility models and industrial designs. They investigate the problem of foreign patenting of domestic research results and developments, intended for export, and determine the ways of its solution.

References

[1] Anisimov, A.P., and Ryzhenkov, A.YA. 2013. The modernization of the Russian environmental legislation in the context of the experience of the People's Republic of China. The Issues of Russian and International Law. 2: 123-136.
[2] Frolov D.P., Popkova E.G., Stratulat I.V., and Shulimova A.A. 2015. Complex Management of Promising Technologies: A Case Study of Russian Nano-Industry. Nanotechnology Law & Business. 12(2): 148-160.
[3] Inshakova A.O. 2013. ‘High technology’ of the private law regulation of nanoindustrialization. Moscow: YurLitInform, 160 p.
[4] Inshakova, A.O. 2012. The legal regulation of intellectual property in the list of the legislative priorities of ensuring nanotechnology. Bulletin of the Federal Arbitration Court of the North Caucasian region. Publishing Group Law. 1 (7): 45-52.
[5] Lopatin, V.N. 2008. The state and intellectual property: the transition to the innovative economy. Intellectual property. The actual problems of the theory and practice: Collection of scientific works. Vol. 1. Ed. by V.N. Lopatin. Yurayt, 17 - 50.
[6] Meshcheryakov, V.A. 2012. The development of Russian patent law at the present stage. Property relations in the Russian Federation. 4: 29 - 36.
[7] Volynkinа, M.V. 2006. The legal innovation experience of the regions. Russian law journal. 5: 53 – 60.
*** Concerning the Placing of Orders for Supplies of Goods, the Performance of Work and the Rendering of Services for State and Municipal Requirements: FL as of July 21, 2005 No 94-FZ. Legislation Bulletin of the Russian Federation. - 2005. No. 30 (part. 1), Art. 3105; Rossiiskaia Gazeta, 2005. - July 28 (No. 163).
*** Federal law as of March 12, 2014 No. 35-FZ ‘ On Introducing Amendments to part one, two and four of Civil code of the Russian Federation and Certain Legislative Acts of the Russian Federation’. Rossiyskaya Gazeta, No. 59, on March 14, 2014.
*** Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation as of December 13, 2007 No. 122. Bulletin of the SAC, No. 2, as of February, 2008
*** Patent Cooperation Treaty (Signed in Washington as of June 19, 1970) (as amended and supplemented on October 3, 2001). The Official website of OMPI URL: http://wipo.int (date of access on May 14, 2014).
*** Russian innovation index/ Ed. by. Gokhberg L.M. The HSE. M., 2011. - 84 p.
*** The development strategy of the science and innovation in the Russian Federation for the period till 2015 (approved by The Inter-Ministerial Commission for Science and Innovation Policy (the minutes on February 15, 2006 No. 1)). the document was not published. Law Reference System ‘Consultant Plus’.
*** The national innovation system and state innovation policy of the Russian Federation. The background paper to the OECD review of the national innovation system of the Russian Federation. - M., 2009.
*** The official website of JSC ‘RUSNANO’. Electronic resource. Available at: http://www.rusnano.com/Post.aspx/Show/14516
*** The Order of the RF Ministry of Finance as of December 28, 2010 No. 190n ‘On approval of the Instructions on the Procedure of Application of the Budget Classification of the Russian Federation’. Financial newspaper. 2011. February 17 (with no Instructions). The text of the Instructions is published in the regional edition of ‘Financial newspaper’ on February 17, 2011 No. 7, on February 24, 2011 No. 8, on March 3, 2011 No. 9, on March 10, 2011, No 10.
Published
2017-02-11
How to Cite
INSHAKOVA, Agnessa et al. Institutionalization of Intellectual Property on Resource-Saving Technologies and Materials: A Comparative Institutional Study of USA and Russia. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 6, p. 1380-1388, feb. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/620>. Date accessed: 27 apr. 2024.

Keywords

intellectual capital; high technology; intellectualization of prime factors of production; high-tech materials; nano materials; nanotechnology; innovative economic management; economic turnover of results of scientific and scientific-technical activity;