EDITORIAL
ISSUES OF INTELLECTUAL PROPERTY RIGHTS PROTECTION AND ENFORCEMENT
National patent offices have different approaches to examining applications with Markush structures, which raise the need to harmonize the activities of patent offices. The purpose of the study is to analyze approaches to the examination of patent offices of the Russian Federation, Japan, Korea and China in relation to applications with Markush structures, as well as to analyze specific cases of examination of applications. It has been established that different tools for assessing the sufficiency of disclosure, patentability, clarity and unity of claims with Markush structures in different patent offices lead to different scope of rights received by the applicant. Cases have been identified in which different national patent offices record different violations in the same initial claims. The need to achieve uniformity in the actions of experts from national offices is shown in order to make similar decisions on applications with Markush structures.
Currently, when intangible assets form a strategic part of a business, the intellectual property is the beginning of all potential market opportunities for a company. At the same time, a company whose intellectual property has been sued may be vulnerable to time-consuming and costly intellectual property litigation. The relevance of intellectual property insurance stems from the fact that it is an intellectual property litigation risk management solution that helps to mitigate the exorbitant financial costs/burdens associated with intellectual property infringement litigation or enforcing a court judgement. Intellectual property insurance policies cover the legal costs associated with the infringement of a company’s intellectual property, both in the case of prosecuting infringers and defending against claims brought by another company. The purpose of the study was to review the risks of bringing new technological products to the market, as well as to systematise information in the field of intellectual property insurance, namely technological innovations, both at the state level and at the level of insurance companies in foreign legal systems. In the work general scientific methods of research – methods of directed and systematised search, formal-logical, comparative and system analysis, systematisation and classification – were used. Information search was carried out using open sources of information. The final selection of materials was carried out by the method of expert evaluation by FIPS employees. The result of the work is a systematisation of information presented on foreign governmental sites and on the sites of insurance organisations regarding the directions of intellectual property insurance and options of organisation of this process. In our opinion, the most appropriate is the introduction of IP insurance for exporters of high-tech domestic products due to the high financial risks of introducing Russian goods to foreign markets. Due to the fact that IP insurance is not practically used in Russia yet, the above information will allow us to assess the prospects of introducing this measure of business support in our country both at the state level and on the part of insurance organisations.
The relevance of the topic is due to the high activity of applicants, as well as the request of scientific, professional and business community to improve the system of legal regulation of trademarks in the Russian Federation. The novelty is due to the analysis of new legislation in the context of the increasing role of trademarks in the Russian economy and as a consequence of a significant increase in the number of applications submitted annually. The aim is to identify promising directions of development and regulation of legal relations of the institute of trademarks in Russia. To achieve this goal as methods of research was chosen the use of general scientific methods of research, as well as the method of content analysis of normative and other acts. the article presents the results of the analysis of the main trends in the development of legislation on trademarks in the Russian Federation. The article also highlights the results of the study of information about the need to change the legal regulation in various aspects that will ensure the protection of the rights of Russian consumers. The article presents the results of the analysis of the main trends in the development of trademark legislation in the Russian Federation, according to which it is concluded that there is a need for further improvement of normative regulation in the field of trademark examination. This article may be useful for a wide range of specialists in the field of intellectual property, as well as representatives of the authorities in the formation and discussion of changes in the normative regulation of the institution of trademarks in Russia.
The article considers the issues of legal regulation of compulsory licensing of inventions in international, regional and Russian legislation. Granting exclusive rights, the state, in order to optimise the functioning of the institution of patenting, simultaneously establishes both the limits of their exercise and the possibilities of their restriction. At the same time, Articles 1239, 1360 and 1362 of the Civil Code define the limitations of exclusive rights when the use of objects of patent rights is allowed without the consent of the right holders. The examples of the implementation of the mechanism of compulsory licensing show how, in emergency situations, the state exercises the power to restrict exclusive rights in cases where the use of objects of patent rights is allowed without the consent of the right holders. There is no reason to believe that compulsory licensing procedures provided for by Articles 1360 and 1362 of the Civil Code may lead to the destruction of the institution of patenting. As a result of the enforcement of the current rules, the monopoly position of patent holders has been eliminated and the population of the country as a whole, as well as certain groups of patients, are provided with vital essential medicines. At the same time, the interest of patent holders in intensifying negotiations on price reductions and resumption of supplies of medicines has increased.
ЭКОНОМИКА ИНТЕЛЛЕКТУАЛЬНОЙ СОБСТВЕННОСТИ
Efficient mechanisms for managing intellectual property are critical for ensuring scientific and technological sovereignty and economic growth, related to scientific and educational organizations that are drivers of innovation. This study aims to identify the current state of research on the intellectual property management systems and the strategic development of universities, while also exploring new approaches to enhance intellectual property management in scientific and educational organizations in Russia. To incorporate global best practices, we performed a bibliometric and scientometric analysis of scholarly publications indexed in the international database Lens.org. The term map generated for strategic intellectual property management in universities reveals a notable shift in research emphasis – from traditional agreements, licensing, and joint ventures toward open innovation models, principles, conditions, transformations, innovation activities, projects, and digital platforms. A pivotal aspect of a successful intellectual property management involves fostering an environment where research outcomes can seamlessly be transferred to practical application. Strategic approaches to intellectual property management should be systemic and designed with consideration of both the infrastructure supporting intellectual property development and the products derived from these assets. Implementing such an approach at the university level, aligned with strategic planning objectives and encompassing three core dimensions of intellectual property strategy (organization, author, product), holds significant practical implications for Russian universities. Ultimately, flexible, collaborative, and adaptable strategies are essential for navigating dynamic market and technological landscapes, thereby bolstering the competitiveness of scientific and academic institutions.
РЕГИОНАЛЬНАЯ ЭКОНОМИКА
The article discusses government support measures aimed at promoting regional brands in Russia. The focus of this article is on the study of support measures in relation to such means of individualization as geographical indications and appellations of origin. The problem of systematization of measures to support regional brands in order to identify effective methods and tools that have an impact on ensuring sustainable economic growth and increasing the competitiveness of regional goods and services is considered. The advantages provided by the work under a regional brand to local manufacturers to promote products to territorial markets are highlighted. Based on the analysis of regional regulatory documents, proposals have been formulated for the executive authorities of the constituent entities of the Russian Federation on a set of measures to ensure conditions for stimulating the involvement of products under a regional brand in civil turnover. The study presents data from open sources. The information is updated as of October 2024.
VPTB X-FILES
ОБЩИЕ ВОПРОСЫ ПАТЕНТНОГО ДЕЛА. ИЗОБРЕТАТЕЛЬСТВО
The article’s relevance is determined by the need to preserve the intellectual, historical and cultural heritage contained in domestic patent documents. Creative ideas often belong to authors of inventions, utility models, designs and other intellectual property objects. The article is aimed to show the family’s important role in creating new technical solutions and in forming creative approaches to inventive activity. Arrays of documents of the State Patent Collection of the XIX–XX centuries were analyzed, and inventions authors’ family ties were investigated. Based on the results of intellectual activities of members of selected families, creative achievements were systemized according to “fathers-children”, “brothers”, “spouses”, “uncles-nephews” patterns; whole “dynasties” were identifi ed. Continuity between generations is important for cultural heritage preservation and allows us to trace the development of technical thought through the prism of family invention.
КНИЖНАЯ ПОЛКА
ISSN 2959-2432 (Online)









