The Civil-Law Ways of the Support of the Commercialization of the Intellectual Property in Russia

Abstract

The author of this work dwells on the interconnection of objects of intellectual activity and innovations, as it rightly believes that the protection of the rights of the innovation process must be viewed through the prism of protecting the rights to the results of intellectual activity. First of all, the analysis of various contractual constructions (taking into account the changes introduced into them by FZ-35 from 01.10.2014) is being carried out, since it is precisely the specific contracts and conditions that the parties to the contract have reached that allow the participants to be most fully and with minimum risk, Who have rights to the results of intellectual activity and innovation. Of great importance in the sphere under consideration is the legal relations that are formed through the received grants and concluded R & D contracts, since, at present, the issue of the attribution of the result to the executor or the customer remains open. Secondly, the author of the work emphasizes the development of small and medium-sized business entities, whose purpose is to support innovation. In this connection, the author of the work does an analysis of the federal legislation on the Innovation Center «Skolkovo». At the same time, the author analyzes the problematic issues of the development, support and commercialization of the results of intellectual activity in the university, leading the practice of applying foreign law and order. The author pays special attention to the practical and legal relationship between the process of obtaining the result of intellectual activity in the university and its introduction into practice (technological process). It is such interrelated processes that allowed the analysis of specific legal entities (non-profit organizations of a unitary type) — State corporations, since their activities in civil circulation are aimed precisely at realizing the entire process of creating, supporting and commercializing the results of intellectual activity in one organization.