Problems of Unification of Eurasian Legislation on Industrial Property

Abstract

The construction of a single economic space within the EAEU requires the development of the legal ground for the interaction between civil turnover participants. The use of modern technologies involves harmonization of intellectual property legislation. The EAEU countries are actively working in this direction, but on its way there are many problems related to the difference in approaches to the regulation of intellectual property and the choice of the best way to develop legislation. In order to illustrate the differences in approaches, the paper draws special attention to the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan. It is important to move from working on the convergence of legislation on individual, albeit important, issues to systemic harmonization of legislation. It is possible to talk about the real protection of the facility only if the norms on the relevant institution are supplemented by the coordination of terminology, procedural norms, administrative and criminal legislation. The example of other countries shows the difficulties faced by the unification of patent law. At the same time, the development of legislation in the field of intellectual property should be guided by real economic processes and it should reflect the economic needs of participants of economic turnover in the Eurasian space.