{"title":"现代条件下知识产权领域立法的发展","authors":"M. V. Gligich-Zolotareva, D. Overchuk","doi":"10.21686/2073-1051-2022-4-168-186","DOIUrl":null,"url":null,"abstract":"Russia is a subject of international intellectual property rights protection. It is a territory of exclusive rights to the results of intellectual activity established by international treaties and federal laws are valid. However after beginning of a special military operation and sanctions pressure, the question about correction of the Russian system of intellectual property rights protection in relation to unfriendly countries has become more relevant. Сonsolidation of national security and increasing the country’s technological independence are not always compatible with the principles of protecting the rights of foreign copyright holders that remain in Russian legislation. The state protects domestic producers from foreign copyright holders, and legalizes parallel import. But these mechanisms do not work in full force due to the fact that Russian courts actually continue to protect the right of unfriendly countries to intellectual property in equal volume with Russian copyright holders. This article proposes to consider some measures to protect the rights and interests of the Russian Federation, its citizens and entrepreneurs, including the revision of Russia’s international obligations in the field of intellectual property and the formation of new law enforcement and judicial practice. Also the process of sovereignization of the Russian model of intellectual property rights protection we can see the development of modern technologies with affects of creating the results of intellectual activity and the methods of legal protection of its results. Thus, the achievement of the goals of state policy in the field of intellectual property is also possible by introducing new digital technologies into the state regulation of intellectual property at the federal and regional levels.","PeriodicalId":30952,"journal":{"name":"Perspectives on Federalism","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Development of Legislation in the Field of Intellectual Property in Modern Conditions\",\"authors\":\"M. V. Gligich-Zolotareva, D. Overchuk\",\"doi\":\"10.21686/2073-1051-2022-4-168-186\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Russia is a subject of international intellectual property rights protection. It is a territory of exclusive rights to the results of intellectual activity established by international treaties and federal laws are valid. However after beginning of a special military operation and sanctions pressure, the question about correction of the Russian system of intellectual property rights protection in relation to unfriendly countries has become more relevant. Сonsolidation of national security and increasing the country’s technological independence are not always compatible with the principles of protecting the rights of foreign copyright holders that remain in Russian legislation. The state protects domestic producers from foreign copyright holders, and legalizes parallel import. But these mechanisms do not work in full force due to the fact that Russian courts actually continue to protect the right of unfriendly countries to intellectual property in equal volume with Russian copyright holders. This article proposes to consider some measures to protect the rights and interests of the Russian Federation, its citizens and entrepreneurs, including the revision of Russia’s international obligations in the field of intellectual property and the formation of new law enforcement and judicial practice. Also the process of sovereignization of the Russian model of intellectual property rights protection we can see the development of modern technologies with affects of creating the results of intellectual activity and the methods of legal protection of its results. Thus, the achievement of the goals of state policy in the field of intellectual property is also possible by introducing new digital technologies into the state regulation of intellectual property at the federal and regional levels.\",\"PeriodicalId\":30952,\"journal\":{\"name\":\"Perspectives on Federalism\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-09\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Perspectives on Federalism\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21686/2073-1051-2022-4-168-186\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Perspectives on Federalism","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21686/2073-1051-2022-4-168-186","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
Development of Legislation in the Field of Intellectual Property in Modern Conditions
Russia is a subject of international intellectual property rights protection. It is a territory of exclusive rights to the results of intellectual activity established by international treaties and federal laws are valid. However after beginning of a special military operation and sanctions pressure, the question about correction of the Russian system of intellectual property rights protection in relation to unfriendly countries has become more relevant. Сonsolidation of national security and increasing the country’s technological independence are not always compatible with the principles of protecting the rights of foreign copyright holders that remain in Russian legislation. The state protects domestic producers from foreign copyright holders, and legalizes parallel import. But these mechanisms do not work in full force due to the fact that Russian courts actually continue to protect the right of unfriendly countries to intellectual property in equal volume with Russian copyright holders. This article proposes to consider some measures to protect the rights and interests of the Russian Federation, its citizens and entrepreneurs, including the revision of Russia’s international obligations in the field of intellectual property and the formation of new law enforcement and judicial practice. Also the process of sovereignization of the Russian model of intellectual property rights protection we can see the development of modern technologies with affects of creating the results of intellectual activity and the methods of legal protection of its results. Thus, the achievement of the goals of state policy in the field of intellectual property is also possible by introducing new digital technologies into the state regulation of intellectual property at the federal and regional levels.
期刊介绍:
Perspectives on Federalism is an Open Access peer-reviewed journal, promoted by the Centre for Studies on Federalism. This initiative follows the Bibliographical Bulletin on Federalism’s success, with an average of 15000 individual visits a month. Perspectives on Federalism aims at becoming a leading journal on the subject, and an open forum for interdisciplinary debate about federalism at all levels of government: sub-national, national, and supra-national at both regional and global levels. Perspectives on Federalism is divided into three sections. Along with essays and review articles, which are common to all academic journal, it will also publish very short notes to provide information and updated comments about political, economic and legal issues in federal states, regional organizations, and international organizations at global level, whenever they are relevant to scholars of federalism. We hope scholars from around the world will contribute to this initiative, and we have provided a simple and immediate way to submit an essay, a review article or a note. Perspectives on Federalism will publish original contributions from different disciplinary viewpoints as the subject of federalism requires. Papers submitted will undergo a process of double blind review before eventually being accepted for publication.