ОБРАЩЕНИЕ К ЧИТАТЕЛЯМ
ISSUES OF INTELLECTUAL PROPERTY RIGHTS PROTECTION AND ENFORCEMENT
In the context of the need to search for new solutions that contribute to the growth of the tax base and the economy of the constituent entities of the Russian Federation, the development of trade and the attraction of cash flows to the region, an important role is played by activities aimed at supporting the development of the intellectual property sector. The article highlights the intellectual property management system created in the Republic of Mordovia, which allows the region to occupy a leading position in key indicators characterizing scientific, technological and innovative development. The authors show how the efforts taken at the federal level are complemented by regional measures to form effective management decisions in the field of intellectual property development. The results of the use of the infrastructure to support the development of the intellectual property sector, as well as the effective combination of administrative, human, material and technical and financial resources, which are the key elements of the IP ecosystem in the Republic of Mordovia, are presented.
Total digitalization faces legislators with new challenges related to the legal protection of creative results of intellectual activity in the digital environment. Graphical user interfaces and virtual graphic symbols, which require effective legal protection, are recognized as an efficient tool for competition among software developers. However, patent law provisions regarding industrial designs applied for decades require adaptation to the digital nature of virtual design. Experts discuss the issues of patenting a graphical user interface and a virtual graphic symbol: what is considered a product when patenting them, how to determine the scope of legal protection of such industrial designs, including if the components of the graphical interface are animated elements or transition pages. Regulations vary from country to country. The Russian lawmakers will have to find their own solution. The Eurasian lawmakers faces the same task. The aim of the research was to study and compare the approaches of lawmakers of non-CIS countries, including China, the European Union, the USA and Japan, as well as lawmakers of Russia and member states of the Eurasian Patent Convention, to the regulation of the rules for patenting a graphical user interface and a virtual graphic symbol, as well as prepare proposals to introduce appropriate changes to the Russian and Eurasian patent legislation. The study revealed legal regulation peculiarities that are important for patenting graphical interfaces and virtual graphic symbols applied by lawmakers in different countries and regions, similarities and differences in regulation, and assessed the approaches used in terms of the scope of patent rights granted. The study defines possible ways to improve the Russian and Eurasian legislation on industrial designs related to the field of virtual design.
Presently, in the context of the global agenda, reverse engineering is used to maintain the existing production base in cases where manufacturers or equipment suppliers refuse to provide technical support. The aim of our research is to study the processes of legitimate reverse engineering and to identify possible risks of infringement of exclusive rights to the object of reverse engineering. It is proposed to include patent and legal support in the processes of reverse engineering. The novelty of the research lies in the development of the competence matrix for individuals and/or legal entities engaging in reverse engineering, including patent and legal support. Possible risks of infringement of the exclusive rights, which can be revealed in the course of patent and legal support of reverse engineering process, are considered. The necessity of introducing a set of patent and legal activities in the reverse engineering process, starting from the zero stage of work and throughout all stages, including the creation of a new technical solution as a result of legitimate reverse engineering, has been substantiated. One of the directions of further research is the study of law enforcement practice in Russia on the issues of infringement of exclusive rights to intellectual property objects created within reverse engineering.
The article examines a wide range of problems and issues of building effective digital information funds of intellectual property (DIFIP), which play an important role in solving the urgent task of transition to a digital economy of intellectual property. The purpose of creating DIFIP, criteria for the effectiveness of its formation, use and development are formulated. For the first time in the domestic practice of creating digital information funds, a formalized methodology has been proposed for solving the problems of constructing and managing DIFIP, for which methods of object-oriented analysis and design, formal methods for assessing data quality indicators, analyzing and assessing information security risks and constructing mechanisms for protecting DIFIP databases, models and methods for optimizing database structures are used. Much attention is paid to the issues of building an effective integrated system for DIFIP quality and information security management.
The relevance of the study is conditioned by the revision of performance indicators of educational organizations of higher education and scientific organizations and the development of the National System of Research and Development Performance Assessment. The aim is to identify the trend of ways in the presentation of the data of activity results of scientific organizations and educational organizations of higher education by conducting a comparative analysis of the dynamics of publication and inventive activity of these organizations without additional submission of proposals for their change at the current stage.. The research was conducted by the method of comparative analysis of statistical data on the number of patent applications and published scientific articles by educational organizations of higher education and scientific organizations as ways of presenting the results of scientific research. The novelty is characterized by the methodology of selection of scientific organizations and educational organizations of higher education and their performance indicators for the extraction of statistical data. As a result of the comparative analysis, the tendency of changing the way of presenting the data of results of scientific research in recent years from the publication of articles to the filing of applications for patents for invention is revealed. The results obtained are of interest to a wide range of experts involved in the discussion of the transformation of performance indicators of scientific organizations and educational organizations of higher education in the context of achieving the objectives of ensuring technological sovereignty of the country.
As a result of the conducted research, information on the trends in the presentation of the results of scientific research is obtained, and conclusions are drawn about the need to continue further research, taking into account the updating of legislation to develop integrated performance indicators of scientific and educational organizations.
ЗАРУБЕЖНЫЙ ОПЫТ И МЕЖДУНАРОДНОЕ СОТРУДНИЧЕСТВО
The article is devoted to problematic issues of discrepancies of industrial design registration procedures in the states of the Eurasian region. A comparative analysis of the main provisions of patent laws of the states of the Eurasian region was carried out, some differences in patent laws are described. An analysis of the world experience of integration between patent foreign offices was carried out. The experience in overcoming discrepancies in the registration procedures for industrial designs was indicated.
Solutions in overcoming differences in the field of obtaining industrial design rights in the Eurasian region are proposed. The key proposal based on the analysis of world experience is unification of patent offices of the states of the Eurasian region in order to achieve harmonization of procedures for grant of legal protection to industrial designs. The scientific novelty of the work includes a proposal to create a harmonized procedure for registration of industrial designs in the Eurasian region. That harmonized structure will optimize and simplify legal processes for patent offices and applicants and will facilitate increase the attractiveness of registration of industrial designs for applicants. Significant results will be obtained with the cooperation of patent offices in the search for optimal harmonization mechanisms. This proposal is addressed to the patent offices of the states of the Eurasian region, as well as to all persons interested in achieving harmonization.
ОБЩИЕ ВОПРОСЫ ПАТЕНТНОГО ДЕЛА. ИЗОБРЕТАТЕЛЬСТВО
In the article of Senior researcher N. V. Alisova (FIPS) the principles of the hierarchical structure and the differences between the International Patent Classification (IPC) and the Cooperative Patent Classification (CPC) are considered in the field of medicine that relates to intragastric ballooning. The relevance of this article is due to the need to increase the level of cooperation and patent activity in the field of national medical achievements. The purpose of this investigation is to improve the quality and fidelity of scientific research. The methods of selection of the classification entries for the patent search with use of IPC and CPC in the search system of the «Rospatent Platform» and in the international database of patent documents «Espacenet» and analysis thereof are given in this article. The recommendations for the preparation of appropriate search query are also given taking into account the great differences between the classification schemes of the IPC and the CPC. This article will be useful to a wide range of specialists conducting independent searches in the field of medicine both in Russian databases and in International databases of patent documents.
IV. АНАЛИТИЧЕСКИЕ МАТЕРИАЛЫ
The article examines the activities in the field of intellectual property in the Volga Federal District from 2017 to 2023. Data on the applications received and number of patents granted was analyzed, and the leading regions were identified in terms of invention, utility model, industrial design, trademark, and computer program, database, and integrated circuit topology.
The article presents the results of a search and analysis of scientific publications in the field of artificial intelligence on the Internet resource Lens.org. The search was conducted on March 25, 2024 by publication date from January 1 to March 25, 2024 in the following areas of knowledge:
- Artificial intelligence;
- Machine learning;
- Deep learning;
- Computer vision;
- Pattern recognition;
- Artificial neural network;
- Convolutional neural network;
- Natural language processing;
- Reinforcement learning;
- Data science;
- Robustness (computer science);
- Speech recognition.
The methodology used covers not only the general concepts of artificial intelligence (machine learning, neural network, pattern recognition, data science, “robustness”), but also the most current artificial intelligence technologies (computer vision, speech recognition and natural language processing), as well as current approaches to their implementation (deep learning, reinforcement learning, convolutional neural networks).
НОВОСТИ ЗАРУБЕЖНЫХ ПАТЕНТНЫХ ВЕДОМСТВ
Information on the main events patent offices of China, Taiwan, South Korea, Japan for the period of end of 2023 – May of 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
Scientific editors: A. A. Afanasyev, M. A. Borovskaya, Y. A. Kolesnikov, T. V. Fedosova prepared by the team of authors of the Southern Federal University.
Scientific editors: A. A. Afanasyev, M. A. Borovskaya, Y. A. Kolesnikov, T. V. Fedosova
Scientific editors: A. A. Afanasyev, M. A. Borovskaya, Y. A. Kolesnikov, T. V. Fedosova
ISSN 2959-2432 (Online)









