Development of Legislation in the Field of Intellectual Property in Modern Conditions
https://doi.org/10.21686/2073-1051-2022-4-168-186
Abstract
Russia is a subject of international intellectual property rights protection. It is a territory of exclusive rights to the results of intellectual activity established by international treaties and federal laws are valid. However after beginning of a special military operation and sanctions pressure, the question about correction of the Russian system of intellectual property rights protection in relation to unfriendly countries has become more relevant. Сonsolidation of national security and increasing the country’s technological independence are not always compatible with the principles of protecting the rights of foreign copyright holders that remain in Russian legislation. The state protects domestic producers from foreign copyright holders, and legalizes parallel import. But these mechanisms do not work in full force due to the fact that Russian courts actually continue to protect the right of unfriendly countries to intellectual property in equal volume with Russian copyright holders. This article proposes to consider some measures to protect the rights and interests of the Russian Federation, its citizens and entrepreneurs, including the revision of Russia’s international obligations in the field of intellectual property and the formation of new law enforcement and judicial practice. Also the process of sovereignization of the Russian model of intellectual property rights protection we can see the development of modern technologies with affects of creating the results of intellectual activity and the methods of legal protection of its results. Thus, the achievement of the goals of state policy in the field of intellectual property is also possible by introducing new digital technologies into the state regulation of intellectual property at the federal and regional levels.
About the Authors
M. V. Gligich-ZolotarevaRussian Federation
Gligich-Zolotareva Milena V. – Cand. Sc. (Law), Leading Researcher of Research Laboratory “Regional Policy and Regional Investment Processes”
36, Stremyanny Lane, Moscow, 117997
D. S. Overchuk
Russian Federation
Overchuk Daniil S. – Cand. Sc. (Econ.), Associate Professor of the Department of Finance and Business Analytics
33/1, Sadovnicheskaja Str., Moscow, 117997
References
1. Ponkin I.V., Lapteva A.I. Problemy v prave intellektual’noi sobstvennosti, perspektivno opredeliaemye protsessami tsifrovizatsii: obshchie voprosy teorii [Problems in Intellectual Property Law, Prospectively Determined by the Processes of Digitalization: General Questions of Theory], NOMOTHETIKA: Filosofiia. Sotsiologiia. Pravo [NOMOTHETIKA: Philosophy. Sociology. Right], 2022, Vol. 47, No. 1, pp. 117–125. (In Russ.)
Review
For citations:
Gligich-Zolotareva M.V., Overchuk D.S. Development of Legislation in the Field of Intellectual Property in Modern Conditions. Federalism. 2022;27(4):168-186. (In Russ.) https://doi.org/10.21686/2073-1051-2022-4-168-186