ASPECTS OF PROTECTION OF DEVELOPMENT ENTERPRISE’S RIGHTS TO INTELLECTUAL PROPERTY ITEMS

Abstract

When performing research, development, and engineering (RD&E) financed using state, regional, or municipal budget funds, legal relations between a customer and a RD&E contractor with regard to ownership of a created intellectual property are regulated by Part 4 of the Civil Code of the Russian Federation [1]. The intellectual property includes patentable innovative solutions which are qualified as intellectual property items. According to the applicable legal standards and law enforcement practice, patent protection obligations with regard to the created intellectual property items are imposed on the RD&E contractors. However, patent right holders with regard to these intellectual property items are the RD&E customers. As a result, the RD&E contractors face several difficulties, delays, and limitations with regard to patenting the intellectual property items and do not obtain necessary privileges to the full extent in connection with patenting the created intellectual property items. This article analyses the applicable procedure for distribution of the rights and obligations between the contractors and customers of the RD&E with regard to the patent protection of the created intellectual property items. Using experience of JSC Principle Production and Technical Company Granit as an example, a possibility of protecting RD&E contractors' interests by pre-emptive patenting of the intellectual property items prior to RD&E activities start is explained.