EDITORIAL
Dialogue with an academician
ISSUES OF INTELLECTUAL PROPERTY RIGHTS PROTECTION AND ENFORCEMENT
Mechanisms for restricting patent rights without the consent of copyright holders are necessary and in-demand tools in modern conditions of the formation of the economy and security of the Russian Federation. The mechanisms are aimed at balancing the interests of business entities, society interested in providing innovative developments, and the state. The article shows that Russian national legislation complies with the TRIPS Agreement regarding the limitation of patent rights: Article 1360 of the Civil Code of the Russian Federation allows the use of an invention without the consent of the patent owner in the interests of defense and security, and Article 1362 of the Civil Code of the Russian Federation establishes the legal grounds for issuing compulsory licenses. The authors identify two mechanisms for restricting patent rights: in the form of an order from the Government of the Russian Federation and the issuance of a compulsory license by a court, and conduct a comprehensive analysis of them. Examples of the application of patent rights restrictions under Articles 1360 and 1362 of the Civil Code of the Russian Federation are given, on the basis of which it is concluded that compulsory licensing is a complex and lengthy procedure. The article proves that the optimal tool for meeting the needs for medicines is the restriction of patent rights in accordance with Article 1360 of the Civil Code of the Russian Federation. Based on law enforcement and judicial arbitration practice, the article examines the specifics of each legal model for restricting patent rights. In order to implement the provisions of Article 1360 of the Civil Code of the Russian Federation, it was proposed to form a subcommittee on the use of inventions, utility models and industrial designs in order to ensure the economic security of the Russian Federation under the Government Commission for Economic Development and Integration (hereinafter referred to as the Subcommittee). In this paper, the mechanisms of restriction of patent rights without the consent of copyright holders are studied, including within the framework of the work of the Subcommittee. Examples of the application of patent rights restrictions under Articles 1360 and 1362 of the Civil Code of the Russian Federation are given. The main mistakes that applicants make when drafting applications for the use of inventions, utility models and industrial designs without the consent of the patent holders have been identified.
The rapid growth of technologies using artificial intelligence (AI) requires legal regulation of the rules of disclosure of inventions that apply AI to allow the person skilled in the art to perform the invention. Without information on the details of the machine learning of a self-learning algorithm, it is impossible to perform an invention based on the use of such an algorithm. If a ready-made program model for implementing AI is not available, it will be necessary to disclose in the specification of the invention information about a method for creating a model from which a person skilled in the art can write and train a machine learning program. Disclosures for creating an AI software product will include, for those skilled in the art, the type of algorithm and its parameters, characterization of the data used, data collection methods, data preprocessing step, training methods, initialization of weights, data entry process, tuning and improvement of existing models, post-processing, and interpretation of model results. At a minimum, the correlation between the data input to the machine learning algorithm and the data output from the algorithm should be disclosed. The set of required disclosures depends on the type of algorithm. However, the rules for disclosure of inventions using AI are not specified in Russian or foreign regulatory documents. The above is fully applicable to utility models. The exception is the incomplete lists of features that may characterize the invention and utility model, which are given in the requirements for the respective applications. The minimum set of information specific to AI, the presence of which in applications for a patent for an invention, utility model is necessary to make it possible to realize the invention, utility model, requires further study and elaboration.
At present, a trademark as a recognized valuable asset is the subject of speculation by unscrupulous persons – patent trolls, who pose a threat to the competitive business landscape not only in Russia, but all over the world. Despite the existing mechanisms for combating patent trolling, business entities face the lack of clear criteria for assessing the actions of such entities, which actualizes the need to study them. At the same time, the Russian doctrine concerning the activities of patent trolls actively considers the peculiarities and some aspects of this phenomenon as a type of abuse of right. In this regard, the purpose of the study was to reveal a set of tactical approaches of patent trolls as legal barriers that can have a negative impact on business entities both with and without exclusive rights to trademarks. The study provides an overview of the logic of choosing one or another approach that can be used by patent trolls to «strike» an entrepreneur and includes the following: taking into account the presence or absence of a registered trademark; the choice of the actual designation to be registered as a trademark by a patent troll; monitoring the scope of actual use of the trademark by a person. Artificially created barriers that have a negative impact on business also include administrative speculation, manifested in the form of filing trademark applications without the intention to pay the fee for legally significant actions. The result of the research in this regard is a socially useful classification and review of tactical approaches of patent trolls, the publicity of which is a preventive measure to protect business against negative impact from unscrupulous persons. Changes in the Russian legal regulation are considered, and it is proposed to clarify the order of administrative procedure, which together will contribute to counteracting patent trolling. When systematizing the tactics of patent trolls’ behavior, such research methods as empirical and statistical, as well as the method of system analysis were used. These methods allowed us to qualify the studied approaches of patent trolls as abuse of right.
The relevance of this paper is due to the high importance of the development of the pharmaceutical industry in accordance with the Strategy for the Development of the Pharmaceutical Industry until 2030 approved by the Government of the Russian Federation. The purpose of this рарег is to analyze the Russian legislation in the field of patent term extension taking into account the opinions of leading patent law firms and representatives of the business community working in the field of drug circulation. The paper utilizes a questionnaire survey method to investigate the satisfaction with the current patent term extension procedure among patent law firms and leading pharmaceutical industries engaged in invention-related activities and provides relevant statistical data concerning the institution of extension. The study found that patent term extension for inventions in the field of pharmaceuticals, pesticides and agrochemicals is in high demand. The presented results will be of interest to a wide range of persons from the point of view of developing proposals for amendments to the regulatory legal acts of the Russian Federation. The study was carried out jointly with the Eurasian Patent Office within the framework of the research work on the topic “Legal regime of patent term extension in the Eurasian region”.
III. ЭЛЕКТРОННЫЕ СЕРВИСЫ ПАТЕНТНОЙ ИНФОРМАЦИИ
In the context of large-scale digitalization of the Russian economy, the issues of digitalization of the intellectual property (IP) management system are relevant, including solving the problems of building digital information funds of IP and digital IP ecosystems (DES IP). The least studied in this regard are the approaches, methods and tools for building effective DES IP according to the specified criteria. The purpose of this work is to formulate requirements for the creation of DES IP, define the goals, objectives and functions of an effective DES IP. For this purpose, a definition of DES IP is introduced, efficiency criteria and quality indicators of its formation, maintenance and development are formulated. A service model for managing the life cycle of patent information products is proposed. An effective technology for information support of decisions made by users of the digital IP management system is considered. As a result of solving the problems set in the work, the efficiency and quality of managing the life cycle of IP objects, the work of inventors, patent, research and educational organizations and other entities of the IP management system are increased. The proposed approaches, models and methods were used in building the DES IP of the Eurasian expert information space. The obtained results will be useful to experts and specialists in the field of development and use of digital information system management systems.
The article presents the results of analysis of international experience in creating information systems and databases of genetic resources and traditional knowledge related to genetic resources. In May 2024, the World Intellectual Property Organization (WIPO) adopted the international treaty on intellectual property, genetic resources and traditional knowledge associated with genetic resources, which led to the topic of modeling the architecture of the traditional knowledge information system as a mechanism to ensure the effectiveness and quality of the patent system in relation to traditional knowledge. An information system can be considered as a complex of organizational, administrative, technical and technological solutions resulting from the integration of individual components of existing systems in various fields related to traditional knowledge. Modern mechanisms for regulating the field of traditional knowledge are common for all subjects of these phenomena, which determines the expediency of a unified approach to informatization for all subjects of traditional knowledge, taking into account the prospects for the development of WIPO’s activities to create an international legal instrument related to traditional knowledge and traditional cultural expressions. The analysis was carried out on the basis of the lists of resources provided by WIPO for use in the examination of applications submitted to patent offices for registration of intellectual property rights. The main techniques and methods of information support for databases containing information on genetic resources and related traditional knowledge used internationally are highlighted. The conclusions made make it possible to evaluate and harmonize approaches to modeling the architecture of an information system in such a way as to make it relevant to the needs of the intellectual property system at the national and international levels. In addition, it requires understanding the possibilities and effectiveness of methods for building information systems of traditional knowledge implemented abroad, as well as searching for specific solutions for use in national Russian conditions.
The article is devoted to the study of the specifics of interaction with information search services (ISS) for novice users working with intellectual property objects (IPO). The purpose of the article is to help novice users understand the functionality of existing ISSS and learn how to choose the most suitable systems for their tasks. The article uses an analysis method based both on the generalization of published works describing the main characteristics of such systems, and on experimental data obtained by performing specific queries. The paper examines the key characteristics, functionality, limitations, and usability of popular ISS. Particular attention is paid to search methods that help solve tasks of varying complexity, as well as recommendations for choosing suitable systems for performing different types of queries. The article is addressed to novice specialists, students, and users interested in effectively searching for information about IPOs and explores the features of interacting with modern information retrieval systems.
СОБЫТИЕ
The historical memory issues are still relevant after the eight decades since the end of the Great Patriotic War. The article is based on archival documents from the Russian State Archive of Economics (RGAE), Saint Petersburg Central State Archive (TsGA SPb), the State Archive of the Russian Federation (GA RF), National Library of Russia (RNB) Archive etc., government decrees, orders and telegrams, allowing to reflect objectively the activities of the Patent and Technical Library in the wartime. The library staff’s role in the rescue and conservation of patent documents collections as the most important scientific and technical information source in the blockade Leningrad, during the evacuation and re-evacuation, is shown. The relevance of the topic is determined by the significance of libraries’ role for modern society in preserving the country’s scientific and cultural heritage and in transmitting the Great Patriotic War historical memory.
НОВОСТИ ЗАРУБЕЖНЫХ ПАТЕНТНЫХ ВЕДОМСТВ
Information of patent offices of China, Taiwan, South Korea, Japan, main events for the period of December 2024 – February 2025 is collected. An overview of news events in the form of a digest provides readers with the opportunity to get acquainted with the key trends in the activities of patent offices in the region and bright examples in practice of protection and commercialization of intellectual property and get statistics on intellectual property protection, innovation, case law.
VPTB X-FILES
КНИЖНАЯ ПОЛКА
ISSN 2959-2432 (Online)









