Results Of Intellectual Activity Research Articles

General characteristics of technologies, innovations in intellectual property law

In this work, we consider technologies, innovations and intellectual property rights. In the context of modern development of all spheres of human life, the concepts of «technology», «innovation» and «innovative technologies» are an integral aspect of the present. They play an important and key role in the competitiveness of not only individual enterprises and organizations, but also in law and economics in general, since innovative technologies are the basis for the positive development of society and the legal relations that arise in this regard, including legal relations in the field of intellectual property rights. Intellectual property is the result of intellectual and creative activity, which is formalized and grants the author or a person who is granted the right of ownership of the result by law, which is acquired, exercised and protected in accordance with the established procedure, rules and legally defined norms. It is the objects of intellectual property rights that are in clear interaction with technology and innovation. Detailed attention is paid to the essence and content of innovations and technologies in the field of intellectual activity, in particular in the production and change of characteristics of the relevant objects of intellectual property rights. The author focuses on the conceptual apparatus of such concepts as «innovation», «technology», «intellectual property», «intellectual property rights», and technology transfer. The modern national and foreign literature is analyzed with a view to defining the basic concepts of the study and their legislative consolidation. The author analyzes the features of technology transfer, in particular, it is established that innovative technologies are endowed with novelty, revolutionary nature, irreplaceability, uniqueness, and inevitability. The author establishes the interconnectedness of the content of «innovations» and «technologies» in relation to intellectual property rights, namely, directly to intellectual property objects, which are manifested by applying know-how or an invention to a specific result of intellectual activity in the production process.

State Support for Commercialization of Intellectual Activity Results in Socially Significant Industries

The pharmaceutical industry is one of the leaders in terms of the intensity of commercialization of the intellectual activity results (IAR). Its development as a socially significant industry is a priority in the state policy of countries with developing economies, in particular, the countries of the Latin American region (LA). A number of economic conditions for the development of commercialization of the IAR in these countries are similar to the Russian economy. Common barriers to development include dependence on imported substances, inefficient interaction between science and business, lack of public and private investment in R&D, and insufficient development of the intellectual property (IP) institution. At the same time, it is possible to identify common growth drivers: the growth potential of the consumer market, unique natural resources, relatively high scientific potential, and the concentration of R&D in research institutes and universities. The similarity of the conditions helps to suggest that it is possible to adapt the best practices of IAR commercialization formed in the LA, to the Russian economy. The research method used in this article include analyzing published legislative and statistical materials on financial institutions of the LA countries in order to identify problems and experience in overcoming them in the field of commercialization of intellectual property. The analysis of state support for imitation, closed and open models of commercialization of IAR used by pharmaceutical companies in developing economies made it possible to identify successful support mechanisms, as well as positive and negative results of the application of each model. On this basis, as the results of the research recommendations for state support for the commercialization in socially significant industries of the Russian economy are suggested.

Current Problems of International Legal Copyright Protection

The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relations is shown. The actual problems of private international law on the improvement of substantive and conflictof- laws legal regulation in this area are identified. The analysis suggests that the establishment of common criteria for calculating the term of copyright protection in a single unified act is due to the need to combine private and public interests in using the results of intellectual activity and their exceptional importance for the globalization of the world economic and cultural space. Arguments about the possible introduction of compulsory licenses for copyrighted products of foreign companies, by analogy with those already provided for in Article 1362 of the Civil Code of the Russian Federation for objects of patent law, lead the authors to the conclusion that the mechanism of compulsory license should not take a permanent place in the regulation of intellectual property, since it will not significantly help in reducing economic risks and losses.

Promotion of Intellectual Activity Results of Scientific Organizations. Regulatory Framework and Statistics

We consider intellectual activity results (IAR) of scientific organizations in the context of intellectual property protection and as one of the indicators of their effectiveness. The data characterizing Russia’s place in the world rankings in terms of the number of patent applications and the number of applications per 1 million people are presented, and a conclusion is made about the relatively low activity in protecting IAR in comparison with the leaders of the ratings. The authors have conducted an analysis of normative legal acts (NLA) on the consolidation and transfer of rights to IAR, as well as NLA that characterize IAR in terms of the effectiveness of research activity, as well as of the certification of researchers. It is concluded that the current system of NLA does not impede or discourage the work of scientific organizations with IAR. It is shown that NLA related to the evaluation of the effectiveness of scientific institutions should also stimulate their active work with IAR. At the same time, the available statistical data on the share of research organizations in patent applications filed and licenses sold indicate that their activity in promoting IAR in the real sector of the economy is on average more than twice lower than in Russia as a whole. It is assumed that the evolving situation regarding working with IAR is determined by economic factors. We have outlined ways for further research on factors that can significantly affect the activity of scientific organizations in working with the promotion of IAR, in particular, to assess the potential demand for IAR and the prospective value of IAR from the points of view of the seller and the buyer.

Intellectual property rights in international and Russian investment law

The investment activity is diverse and can be carried out with the use of intellectual property rights in accordance with the current international and Russian investment law. The article aims to identify the specifics of the application of intellectual property rights as investments and the implementation of intellectual investments, i.e. investments endowed into intellectual property rights. The objectives of the study are to consider the categories of an investment and object of investment activity, intellectual property, exclusive and other intellectual rights, as well as to analyze and determine the features of legal regulation of the activity in question at the international and national levels in the Russian Federation. Based on the results of the systematic analysis with the use of formal legal, comparative and other research methods, it is concluded that investments as a property in a broad sense may include both exclusive and other non-personal intellectual property rights to the results of intellectual activity and equated means of individualization of goods, works, services and enterprises. At the same time, they exclude intellectual property itself as a set of various types of intangible products, moral and other personal non-proprietary intellectual rights by virtue of their inalienable and non-transferable character. It is argued to be the same with respect to the object of investment activity, i.e. the property which the investment is endowed in and is capable to bring income to the investor in the future. Investments into such intellectual property rights can be called as intellectual investments.The legal regulation of investment activity with the use of intellectual property rights has a dual character (in the sense that it is carried out by different investment legislative acts with the similar subject of their regulation) and depends on the type of a particular object used. If intellectual property rights are invested in fixed capital, then they are to be recognized as capital investments and are governed by the Federal Law of February 25,1999 No. 39-FZ “On Investment Activity in the Russian Federation Carried out in the Form of Capital Investments”. If intellectual property rights are used as the object of investment activity, i.e. where investments are endowed in, such intellectual investments are subject to the regulation by the Law of the RSFSR of June 26, 1991 No. 1488-1 “On Investment Activity in the RSFSR”.

Issues of accounting for intangible assets under the new standard at the stage of their identification

Subject. Since 2024, the new Federal Accounting Standard (FSBU) 14/2022 – Intangible Assets is mandatory. This article examines the categorical framework of this Standard, as well as the past and international standards in comparison with legal norms. Objectives. The article aims to identify the types of intangible assets to be accounted for in accordance with the new Standard, based on the essence and generic features, the legal content of the types of intangible assets mentioned in the accounting standards in order to identify them, based on their importance in generating economic benefits and participating in the processes of the organization. Methods. For the study, we used the general scientific methods of cognition, a systems approach, logical generalization, analysis and synthesis, and analogy. Results. The study shows that the new Standard is not much different from the old one in terms of defining categories. In contrast to the international similar standard, the domestic standard lacks detailed explanations that are essential for identifying costs as expenses of the period or intangible assets. Conclusions and Relevance. For the reasonable recognition of intangible assets in accounting, it is necessary that the Standard takes into account the norms of the Civil Code of the Russian Federation and other laws that make it possible to distinguish between generic and essential features of intangible assets, which are the results of intellectual activity and means of individualization. The presented results are intended to further develop the methodology and practice of accounting for intangible assets of organizations.

Mediation and Representation Relations in the Exercise of Copyright and Related Rights by Non-Profit Organizations

Relevance. The article analyzes contractual and other legal grounds, using which collective management organizations and other non-profit organizations can perform the functions of intermediaries and representatives of authors and other right holders in order to ensure the lawful use of copyright and related rights objects in modern conditions.The purpose of the research is to develop theoretical provisions necessary for the development of legal regulation of the activities of non-profit organizations related to the implementation of copyright and related rights.Objectives: to identify the peculiarities of legal regulation of mediation and representation relations arising from the participation of non-profit organizations in the implementation of copyright and related rights; to identify the problems associated with such legal regulation, to develop proposals aimed at their elimination.Methodology. The author used dialectical-materialistic method, methods of analysis and synthesis, formallegal method.The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations.Conclusions. The conclusions made in the article are of a discussion nature, aimed at continuing research on the development of legal regulation of the activities of non-profit organizations related to the implementation and protection of copyright and related rights, including the expansion of the range of non-profit organizations able to participate in the implementation and protection of rights to the results of intellectual activity, as well as to simplify their obtaining the powers necessary for the implementation of such activities.

Digital Intellectual Property and its Protection

Purpose — to determine the meaning and content of new terms of the theory of law, which will later be used in other branches of law. To actualize the problem of digital intellectual property objects. Identify the gray zones of legal regulation that have arisen in practice and analyze changes in judicial practice in 2022-2023. Methods. Classical methods are used. It showed high efficiency: a comparative legal, dialectical-materialistic method, formal-legal. Results. The list of intellectual property objects is expanding. New entrepreneurial activities are emerging, based on the collection of information and the creation of 3D models. Gaps in legislation lead to many years of litigation, unforeseen expenses, the inability to determine the outcome of a legal conflict. As a legislative proposal: to eliminate the identified problems, it is advisable to revise Article 1225 of the Civil Code of the Russian Federation "Protected Results of Intellectual Activity and Means of Individualization" taking into account those objects that have formed in the construction sector. Discussion. Actualization of problems in the terminology of the theory of law, which create difficulties in the application of legal norms in various types of legal activity. Increasing the importance and scientific value of interdisciplinary research. It is necessary to unify terminology affecting digital intellectual property objects in various branches of law. The protection of intellectual rights can be strengthened.

Rights of Business Companies and their Participants to the Results of Intellectual Activity

Relevance. One of the most effective options for the realization of exclusive rights to the results of intellectual activity when there are several interested parties is the assignment by them of exclusive rights to such results to a business entity owned by them. The resulting indirect ownership of rights allows for joint disposal of them under the indirect control of the participants of business entities, distribution of income between them according to preestablished agreements, attraction of investments in exchange for a share of participation or shares in the business entity - the right holder.At the same time, the indirect ownership of rights to the results of intellectual activity, carried out through the business company owned by interested parties, leads to the need to strengthen their control over the disposal of intangible assets owned by the business company, because in the absence of proper control there is a risk of loss or limitation of the possibility of using the most valuable intangible assets.The purpose of the research is to develop theoretical provisions defining the peculiarities of the implementation of indirect ownership of rights to the results of intellectual activity owned by business entities, while preserving the possibility of control by the participants of such entities.Objectives: to identify the problems associated with the indirect ownership of rights to the results of intellectual activity assigned to business entities; to analyze the existing risks of loss or limitation of the possibility of using the results of intellectual activity owned by business entities in the absence of effective control over their disposal by the participants of such entities.Methodology. The dialectical-materialistic method, methods of analysis and synthesis and formal-legal method were used in writing the work.The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of relations related to the use of the results of intellectual activity. Conclusions. The conclusions made in the article are of a discussion nature, aimed at the continuation of research in the framework of the declared subject. The article is a continuation of the author's scientific research on the issues considered in it.

Rights of Investors as Participants in Relationships Related to the Creation and Use of Results of Intellectual Activity

Relevance. The article considers the problems caused by the limited possibilities of legal registration of relations between investors and persons creating the results of intellectual activity or organizing the creation of RIA. It is noted that the obligatory rights based on contracts concluded by investors do not allow to fully take into account their interests and provide guarantees of their observance when disposing of exclusive rights to the intellectual property created with the attraction of investment funds.  The conclusions are substantiated that taking into account the growing needs in attracting investment funds for the implementation of projects related to the creation and use of RIAs, it is necessary to provide investors with the opportunity to participate in the ownership of exclusive rights to RIAs created with their support, which will allow investors to control the subsequent disposal of exclusive rights to such RIAs, directly participate in the licensing processes and receive remuneration for their use.The purpose is to develop theoretical provisions that form the basis for the development of legal regulation ensuring the observance of investors' rights as participants in relations related to the creation and use of RIA.Objectives: to identify the peculiarities of registration of investors' rights when they participate in relations related to the creation and use of RIA with the attraction of investment funds; to develop proposals aimed at improving the legal regulation of relations between investors, persons organizing the creation and use of RIA, authors and right holders for various cases of organization of investment activity in the field under consideration.Methodology. The dialectical-materialistic method, methods of analysis and synthesis, formal-legal method were used in writing the work.The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of legal relations related to the creation and use of RIA.The conclusions made on the basis of the results of the conducted research have a discussion character and are aimed at improving the legal regulation of investment activities related to the creation of RIA. The article is a continuation of the author's scientific research.

Problems of Non-Contractual Transfer of Rights to Results of Intellectual Activity

Relevance. The article analyzes the cases in which the legislation recognizes the possibility of transfer of exclusive rights to the results of intellectual activity without concluding contracts with the right holders, including in the case of inheritance of such rights and in various forms of reorganization of a legal entity - the right holder. The purpose of the study is to develop theoretical provisions that take into account the interests of participants of civil legal relations in various cases of non-contractual transfer of rights to the results of intellectual activity.Objectives: to identify the problems associated with the non-contractual transfer of rights to the results of intellectual activity; to analyze the peculiarities of legal relations associated with such a transfer, taking into account the peculiarities of the existing legislative regulation; to propose solutions aimed at eliminating contradictions between the interests of the participants of legal relations arising from the non-contractual transfer of rights to the results of intellectual activity.Methodology. The dialectical-materialistic method, system method, methods of analysis and synthesis, formallegal method were used in writing the work.The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of atypical types of civil legal relations.Conclusions. The conclusions are drawn on the need to ensure the possibility of documentary confirmation of the fact of non-contractual transfer of the exclusive right to the result of intellectual activity in all cases when such transfer occurs as a result of reorganization of a legal entity, as well as to provide authors and other right holders with the possibility to include in alienation contracts the obligations preventing the circumvention of the provisions on payment of remuneration and other essential conditions of such contracts. The proposed solutions will make it possible to ensure the circulation of exclusive rights to the results of intellectual activity and guarantee compliance with the obligations provided for in agreements on the alienation of such rights.The article is a continuation of the author's scientific research on the issues related to the protection of the rights of authors and their heirs.

Fixation and Turnover of Exclusive Rights to Copyrighted Works Using Smart Contracts: A Myth or Reality?

   The use of new technologies, including blockchain and NFT, can become a tool to ensure protection of rights and legitimate interests of copyright holders and stimulate innovation in various fields. The paper considers two legal problems related to the deposit and turnover of the results of intellectual activities, including copyrighted works. The first problem is the possibility of using blockchain technology to deposit such works. The paper provides an overview of main methods of fixing the fact of existence of a copyrighted work, including options without depositing and with depositing. The author concludes that depositing an object of copyright, including blockchain, does not mean its use in the sense of civil law. The second problem is the turnover of rights to deposited objects. The author suggests the best way for the copyright holder, i. e., depositing the result of intellectual activity with subsequent transfer of the NFT to the copyright holder. This solution will make it possible to equate the transfer of NFT with the transfer of the exclusive right to the work.

Гражданско-правовая регламентация соотношения коммерческого обозначения и других средств индивидуализации

The authors, based on the provisions of domestic civil legislation and taking into account the content of international conventions on the protection of industrial property, conduct a comparative analysis of the legal regime of such a relatively recently regulated means of individualization as a commercial designation with other objects equated to the results of intellectual activity.

Investment activity in intellectual property objects and their use elementary assessment in the company’s activities

The article examines the current trends of investment activity in intellectual property objects. The criteria for recognizing the results of intellectual activity as part of the intangible assets of the enterprise are defined. The economic and legal characteristics of the results of intellectual activity of modern business are given. The main initial indicators and the principles of their determination, in accordance with the new federal accounting standards, for the purposes of assessing the use of intellectual property objects are presented. Economic indicators for assessing the use of intangible assets in the activities of the copyright holder’s enterprise are proposed.

Модель открытых инноваций как стратегический фактор технологического развития компаний нефтегазовой отрасли

The article is devoted to new methodological approaches and frameworks to develop innovative and technological potential of Russian oil and gas companies. Implementation and interconnection of innovative strategies with general corporate and digital transformation strategies are among the top priorities of industrial enterprises and may contribute greatly to successful functioning in competitive environment in the long-term perspective. Development of innovative and technological potential is crucial for Russian oil and gas companies due to the role that the oil and gas industry plays for the economy of the Russian Federation. In addition to traditional R&D management approaches, when the results of intellectual activity are generally developed in the internal perimeter where they stay lately, enterprises consider modern frameworks of innovation including open innovation model. Open innovation model includes constant interaction with the external innovation community. Competencies exchange and the integration of external innovative solutions have perspectives in terms of speed that technological and digital innovations are developed and implemented. On the one hand open innovation model helps to find perspective solutions to existing technological challenges, on the other it supports small innovative enterprises (startups) to develop and implement their technologies in real business.

Bibliometric analysis of the results of intellectual activity (using the example of dissertations in psychiatry)

Bibliometric analysis of the results of intellectual activity (using the example of dissertations in psychiatry)

Составное произведение как объект интеллектуальной собственности в образовательной сфере

The relevance of the stated topic is due to the ongoing changes and transformations in the field of education, where the key factors are the commercialization and digitalization of education with the simultaneous expansion of subjects authorized to carry out educational activities. This also determines the presence of a large number of such objects of copyright, among which may, for example, be educational programs, advanced training courses, teaching materials, lecture courses, scientific publications, Internet sites, presentations, etc. Under these conditions, a variety of proposals is stated in the field of education, where composite works become the main content as a substantive element. The purpose of the study is to establish the main characteristics of a composite work as an object of intellectual property. The objectives of the study were such areas of work as identifying the characteristics of a composite work, identifying types of a composite work, its elements and content features, as well as analyzing law enforcement practice in considering disputes related to the rights to a composite work or its elements. The study of doctrinal approaches and materials from law enforcement practice revealed the presence of a group of general and special features. In the context of developing trends in informatization and digitalization, the issues of establishing a legal regime in relation to the results of intellectual activity of an educational nature posted on the Internet, especially video courses and websites as types of a composite work, are becoming more relevant.

Developing typical profiles of generation Z students to improve the quality of the educational process

Global digital platforms that influence the development of local digital platforms (from national-level platforms to the platform of a particular enterprise), in order to be more effective, must take into account the informational requirements of users, including those determined by their emotional and psychological characteristics. For this purpose, their developers need to know the typical emotional and psychological profiles of users.The construction of typical emotional and psychological profiles of Generation Z learners is necessary for correct and efficient operation of information and educational platforms, in particular, adaptive e-learning environments, which, among other things, implement gamification approaches.To identify the above-mentioned profiles of Generation Z learners, we use R. Cattell’s multifactor testing methodology (form C) and subsequent processing of the obtained results using statistical methods (in the form of cluster analysis). To ensure the representativeness of the results, the study involved 994 students from various universities (the survey results were used in an impersonal form).The analysis of clustering results makes it possible to identify the share of students who are able to independently form new knowledge and obtain original results of intellectual activity, to determine the share of students with a pragmatic attitude to life, as well as those who possess the qualities of business leadership, etc.Based on these results, recommendations for improving the quality of the educational process as a special case of adaptive e-learning environment are formulated.

CONCEPTUAL PRINCIPLES OF COMMERCIALIZATION OF BREEDING ACHIEVEMENTS IN SCIENTIFIC AND RESEARCH INSTITUTIONS

The article substantiates that one of the prerequisites of the new development vector of Ukraine is the commercialization of the results of the intellectual activity of scientists. It has been established that the commercialization of intellectual property objects represents the transformation of the results of intellectual activity into a marketable product for the purpose of obtaining profit. In order to identify the state of commercialization of breeding achievements, monitoring and questionnaires of research institutions in the agricultural sector were conducted. It was found that breeding centers use a mixed form of commercialization, that is, they use intellectual property both in their own production and grant non-exclusive licenses to third parties for the right of use. The article establishes that there are the following ways of commercializing objects of intellectual property rights: using them in one's own production, adding rights to the authorized capital, transferring rights to an object of intellectual property. It has been proven that each of the above methods of commercialization is effective and capable of bringing profits to the owner of the rights in case of their effective use. Taking into account the results of the conducted research, a model for choosing methods of commercialization of intellectual property rights of agricultural research institutions is proposed, which is able to form the basis for making effective management decisions regarding the choice of forms and methods of commercialization of innovative products in certain conditions of the operation of an agricultural research institution. It is noted that, in practice, the transfer of rights to use intangible assets involves the licensor receiving income in the form of royalties and a lump sum payment, with the receipt of which the patent owner covers his expenses for scientific research. It has been proven that with improper organization of control over the payment of royalties, there is a risk of non-payment of such remuneration by the licensees. A clear and transparent approach to the payment of royalties could significantly change the relationship between breeders and seed producers to ensure fair financial settlements, and would provide a new cardinal impetus for the development of domestic breeding.

Genesis of Compulsory Licensing Norms in Universal International Legal Instruments

Compulsory licensing in intellectual property presents an institution of restriction of exclusive rights to the results of intellectual activity, which has a fairly long history of formation and development. Compulsory licensing replaced such a «rigid» mechanism for limiting the exclusive rights of the copyright holder as the rules on localization of patented objects, which were applied in the USA and European countries in the 19th — early 20th century. Compulsory licensing at the time of its origin was considered a «soft», «sparing» mechanism for limiting the exclusive rights of the copyright holder, which by the end of the 20th century acquired the features of a complex institution. This institution entails negative consequences, most often in the form of a decrease in foreign financing to an industry that has been subjected to acts of compulsory licensing, changes in the business climate, etc. Examining the genesis of the norms on compulsory licensing in universal international legal acts in the field of intellectual property, one can see that the international community in many acts has consolidated to some extent the institution of limitation of the exclusive right, which is an irrefutable proof of the value of compulsory licensing. The analysis of the institution of compulsory licensing both in Russian law and in a number of foreign countries allows us to come to the conclusion that the «negative concept» of compulsory licensing prevails.