金砖国家——俄罗斯联邦与巴西、俄罗斯联邦与南非开展军事技术合作的程序及其成果所有权界定

M. Akhmadova
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引用次数: 0

摘要

本文讨论了金砖国家(俄罗斯联邦和巴西、俄罗斯联邦和南非)之间开展军事技术合作的程序和成果所有权的界定。与此同时,作者关注的重点是先前知识产权的转让和使用,知识活动成果的权利分配以及解决合同双方和(或)合同参与者之间的分歧和纠纷的程序。这项研究的相关性在于,军事技术合作对现代俄罗斯具有战略作用,一方面是为了加强俄罗斯在世界上的军事和政治地位,另一方面是为了将俄罗斯的国防能力和军事安全维持在适当的水平。基于科学认知方法进行的研究有:一般科学辩证方法、形式法学方法和比较法学方法等。同时,作者从过程和现象的主客观决定及其相互联系出发。这项研究的新颖性是由它的目的、主题和所考虑的来源范围决定的。在这种情况下,作者得出的结论是,金砖国家正在考虑在军事技术合作框架内转让和创造的知识产权保护的一些关键方面的方法在很大程度上是相似的。与此同时,对智力活动成果的使用进行监管是俄罗斯联邦与金砖国家军事技术合作关系的基础,旨在杜绝未经授权使用此类产品。得出的结论是,军事技术合作领域的管理框架,就其确保保护在这种合作框架内转让和接收的知识产权的国际法律组成部分而言,需要进一步改进。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE PROCEDURE FOR THE IMPLEMENTATION OF MILITARY-TECHNICAL COOPERATION AND THE DELIMITATION OF OWNERSHIP RIGHTS TO ITS RESULTS BETWEEN THE BRICS COUNTRIES - THE RUSSIAN FEDERATION AND BRAZIL, THE RUSSIAN FEDERATION AND SOUTH AFRICA
The article discusses the procedure for the implementation of military-technical cooperation and the delimitation of ownership rights to its results between the BRICS countries - the Russian Federation and Brazil, the Russian Federation and South Africa. At the same time, the focus of the author's attention is on the transfer and use of previous intellectual property, the distribution of rights to the results of intellectual activity and the procedure for resolving disagreements and disputes between the contracting parties and (or) participants to contracts. The relevance of the study is due to the fact that military-technical cooperation has a strategic role for modern Russia, designed, on the one hand, to strengthen the country's military and political positions in the world, and on the other, serves the purpose of maintaining the country's defense capability and military security at the proper level. The research conducted based on such methods of scientific cognition as: general scientific dialectical, formal legal and comparative legal methods, etc. At the same time, the author proceeds from the subjective-objective determination of processes and phenomena, and their interconnectedness. The novelty of this research is determined by its very purpose, subject and range of sources under consideration. In this format, the author came to the conclusion that the approaches of the BRICS countries under consideration on some key aspects of regulating the protection of intellectual property, both transferred and created within the framework of military-technical cooperation, are largely similar. At the same time, the regulation of the use of the results of intellectual activity is the basis of relations between the Russian Federation and the BRICS countries in military-technical cooperation and is aimed at excluding unauthorized use of such products, therefore, the conclusion is formulated that the regulatory framework in the field of military-technical cooperation in terms of its international legal component on ensuring the protection of intellectual property transferred and received within the framework of such cooperation needs further improvement.
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