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Bulletin of Federal institute of industrial property

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Vol 3, No 3 (2024)
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EDITORIAL

ISSUES OF INTELLECTUAL PROPERTY RIGHTS PROTECTION AND ENFORCEMENT

220-231 20
Abstract

The purpose of this paper is to examine the trends in the development of compensation as a measure of liability for infringement of exclusive rights, under the influence of its practical application. Judicial statistics indicate that claims for compensation by copyright holders are the most common way to protect exclusive rights. This study analyzes legal approaches developed through a number of decisions of the Constitutional Court of Russia and the Plenum of the Supreme Court, No. 10, as well as their impact on judicial practice, particularly that of the Intellectual Property Court. As a result of the study, a trend has been identified indicating a decrease in the number of claims based on calculating compensation twice the cost of the goods in favor of claims for compensation twice the cost of use. However, due to the lack of a developed market, copyright holders face difficulties in proving the value of their rights. This, in turn, creates significant challenges for courts in assessing the evidence presented regarding this value. Based on the study conducted, an assessment of the effectiveness of existing and modern legal approaches to the compensation mechanism in the system of civil liability measures was given. The clarifications from higher courts encourage courts to more thoroughly analyze the factual circumstances of a particular dispute, which in turn leads to more complicated compensation cases. As a result, the compensation mechanism has become a more complex way to protect exclusive rights compared to claims for damages, as the legislator has lowered the standards of proof for these claims. Current proposals to amend the legislation governing the application of compensation from the perspective of difficulties faced by law enforcement practice are also considered.

232-241 12
Abstract

National patent offices have various tools for examining applications with Markush claims, which necessitates the creation of universal approaches for the examination of such applications. The purpose of the study is to analyze approaches to examination by the US Patent Office, as well as the Eurasian and European Patent Offices in relation to applications with Markush structures. By studying the guidelines for conducting examinations of these patent offices, an analysis of the approaches of patent offices in relation to such applications was carried out. It has been established that the US Patent Office, as well as the Eurasian and European Patent Offices, have different tools for assessing the sufficiency of disclosure, patentability, clarity and unity of claims with Markush structures, which requires harmonization of their activities. An analysis of approaches to examination by other patent offices, as well as examples of consideration of the same applications by different patent offices will be given in the second part of this work.

242-251 20
Abstract

The article summarizes some of the comparative analysis results between academic publishing and patenting as the most common results of scientific researches performed by higher education institutions and scientific organizations for the 2012 to 2022 period. A critical overview of the primary scientometric indicators used for the evaluation of scientific work and their flaws are provided in the research. The relevance of the research is determined by the need to implement the national system for evaluating the effectiveness of scientific research and development. The practical value of the research lies in the fact that normative legal acts as well as their impact on the patenting and publishing are analyzed during the period under review. The main methods of the study were analysis and comparison. The critical role of the national system which estimates the effectiveness of scientific researches and innovations that underpins the achievement of scientific and technological sovereignty is substantiated in the research. The results of the research can be used to analyze the state scientific and technical policy and its further advancements. The directions for further research can involve analyzing some structural changes in the measuring of the effectiveness of higher education institutions and scientific organizations in the short term.

252-265 17
Abstract

The article presents a systematic analysis of various approaches and procedures for priority (accelerated) processing of applications in the field of green technologies used by foreign patent offices, with the view of identifying the most optimal ones for possible implementation within the framework of Russian practice. Since tne Russian legislation does not provide for any accelerated patent prosecution the article also analyzes the indirect existing opportunities for accelerated consideration of patent applications that are currently available to Russian applicants (such as electronic filing of applications, participation in expert meetings, ordering paid searches, etc.). It is concluded that they are insufficient and in addition to them, it is proposed to develop a special procedure for accelerated examination of patent applications, intended mainly for applications in priority areas of technology, including in the field of green technologies and based on this procedure to make necessary amendments to the existing normative documents. For this purpose, recommendations are made regarding the main characteristics of the future procedure. The relevance of the study is due to the need to adopt in Russian practice an accelerated procedure for examination of applications in priority areas of technology, inter alia green technologies. The methodological basis of the study is systembased methods of comparative analysis.

266-275 12
Abstract

The article discusses the features of the use of green technologies, analyzes the latest trends at the international level in the field of creation and implementation of green technologies, namely, provides an analysis of the results of the activities of developers of green technologies in terms of dissertation defenses, publication activity and activity in terms of protecting the results of intellectual activity. The relevance of the article is due to the growing public attention to the problems of environmental protection and harm reduction through the widespread use of green technologies.The article presents the results of a study of the experience of working with green technologies of Russian companies, identifies problems based on the results of the analysis, and proposes measures to overcome barriers.

276-287 26
Abstract

The article discusses some issues related to the registration of so-called «regional brands», which are various means of individualization such as trademarks, appellations of origin, and geographical indications. The relevance of this study stems from the fact that, in today’s context, it is essential to support and restore the production of traditional products in the Russian regions. The significance of this study lies in the fact that, in contemporary circumstances, the challenge is to sustain (or recover) the production of traditional products in the Russian regions. Manufacturers and local authorities alike are keen on ensuring robust legal safeguards for the designation employed for such products. However, manufacturers of regional products frequently encounter certain obstacles when it comes to selecting appropriate legal protection for their designation as a means of product identification. The objective of this study is to delve into these modes of product identification, discern their distinctions, and explore the intricacies associated with their joint utilization and application to products. The primary methodologies employed in this research encompass analysis, synthesis, categorization, comparative analysis, and normative analysis. The novelty and significance of this study lie in the fact that it provides a comprehensive analysis that allows us to identify the benefits of using regional brands by manufacturers of similar products. The authors also offer recommendations on registering designations as means of individualization and their joint use. The study raises important questions regarding the inclusion of registered appellations of origin and geographical indications in trademarks. To fully understand the issues under consideration, examples are provided from the practice of examining relevant applications and court decisions. As a result of this research, it is concluded that the optimal form of legal protection for a geographical indication is to create a unique brand that combines a trademark, geographical indication, and appellation of origin. This approach provides the highest level of protection and allows for maximum differentiation in the market. Some abstracts from this article were tested as part of educational seminars titled «Regional Brands of Russia – New Growth Points», which were conducted by experts from FIPS, and received positive feedback.

РЕГИОНАЛЬНАЯ ЭКОНОМИКА

292-298 10
Abstract

This article examines the prevailing views on the management of intellectual property in the subjects of the Russian Federation. The methodological inconsistency of approaches applied to the development of the intellectual property (IP) management system at the regional level is revealed, insufficient consideration of the importance of IP in the process of forming the scientific and technological development of the region is noted. In this regard, the purpose of this study was to search for new approaches to the formation of an effective IP management system in the regions, taking into account the specifics of their economies. In this work, a systematic approach and a method for identifying “weak links’ in the value chain, as well as metatheoretical level methods, are used. The key elements that an effective IP management system at the level of a constituent entity of the Russian Federation should contain have been formed.

СОБЫТИЕ

300-305 10
Abstract

The release of the first official publication of the “Inventions Committee Herald” in November 1924, in which information about all industrial property objects registered in our country was published on a regular basis, marked a new stage in the domestic patent documentation publishing system development and became an important milestone in the domestic invention history. The relevance of this article is determined by the fact that it can contribute to a better understanding of the role and significance of patent information as the most effective source of knowledge about the latest developments and innovations. The historical and legal research method was used for this article, allowing to study the object from the moment of its appearance and to trace the process of its development. The article is based on the author’s study of archival materials and documents, on the author’s research of legislative and regulatory acts and various periodicals, in which information about inventions was published. Patent information development and inventions information publication history from 1814 to 1924 is highlighted. The prerequisites contributing to the unified publication emergence are considered, the content, structure and composition of information published in the “Herald” are analyzed.

308-312 16
Abstract

The relevance of the topic under consideration lies in the difficulty of determining the value of intellectual property due to the many changing factors affecting its valuation. The purpose of the study is the preliminary development of a tool that allows to automate the analysis of influencing factors and valuate intellectual property using artificial intelligence. The author analyzed the existing approaches to valuation and the experience of using artificial intelligence in valuation activity. As a result of the conducted research, the author identified the possible functions of the software product in accordance with the needs of market participants (potential consumers). The development has an applied orientation and is intended for use by a wide audience.

НОВОСТИ ЗАРУБЕЖНЫХ ПАТЕНТНЫХ ВЕДОМСТВ

314-320 16
Abstract

Information of patent offices of China, Taiwan, South Korea, Japan, main events for the period of May – July 2024 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.

КНИЖНАЯ ПОЛКА



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ISSN 2782-5086 (Print)
ISSN 2959-2432 (Online)