In recent years, an integral legal regulatory framework in the field of intellectual property (IP) has been formed. A package of amendments to Part IV of the Civil Code was adopted, the Government Decree number 458 and number 512. At the same time the government creates intellectual property rights management culture establishing a procedure for taking into account the results of research and development, digital services are developed within the framework of resolution №327. But the rapid development of technology has caused major changes in the very field of intellectual rights. What they are and how they the government is intended to respond to them, Sergey Matveyev told, who is the Deputy Director of the Department of Science and Technology, Ministry of Education and Science of the Russian Federation.
Sergey, what did the practice of laws and regulations governing intellectual property sphere show?
- First, Id like to clarify what I mean by the intellectual property. If we leave aside the fact that she is ascribed to then intellectual property is largely a legal construct that reflects agreements in society on which the author of a new idea has, product, development, and how he can implement them through the services and facilities that are provided including those provided by the state.
Over the past three years for those who are engaged in science, technology and innovation, there was an understanding that the intellectual rights instruments should be used to identify, protect and defend their ideas, learn how to manage them and make money. Russia is part of the global "smart" market, and building the economy, supporting science without intellectual property tools is simply impossible. Naturally, everyone who creates creative product, had a need for quality service. They want to have quick access to patent information, use IP objects for scientific and educational purposes without any restrictions, as quickly as possible to obtain patent protection, to enjoy state support in entering foreign markets. The Ministry of Education of Russia as a regulator of intellectual property sphere see the issues. And we seek to respond to the request of the society to use the tools of intellectual rights.
In general demands of the society are changing significantly - researchers, engineers, businessmen are no longer interested in how and by whom is governed by the intellectual property sphere, - only availability and quality of public services are important - from obtaining legal protection to protect the interests of both the pre-trial order, and in a professional, competent court.
Experts say the role of patenting is being reduced. What changes occur in the patent law?
- Share of results protected in the non-patent forms, in particular know-how in the world is large enough; in some industries it reaches 70%.
The life of technology is too short, it is less than the time it takes to obtain legal protection, or patent examination.
The first reason is that the most "fresh" actual knowledge have the highest value. Science tries to find a partner who will bring this knowledge to practical use, and passes him the right to obtain a patent. This mechanism works in the world, and due to this there is rapid exchange of new ideas - working principle is the same: use the idea, otherwise you lose. The ideas are tranferred from science into business using the tools of the intellectual rights, for example, through the same know-how. Pat begins to play an important role already in entering the market as an instrument of monopolization and competition.
Another reason - the level and quality of patent examination. In most modern areas related to nanotechnology, quantum technology, genome research is difficult to ensure the quality of the work of experts, corresponding to the rate of development of science and knowledge exchange rates.
Will the Russian Ministry of Education and other agencies that have authority in the area of ??intellectual property respond to this challenge?
- Last year, Rospatent, together with the Court for intellectual property rights applied to the Minister Dmitry Livanov. State task of the Russian Academy of Sciences as a leading expert authority in the country, with its consent, I now includes tools to perform the examination for the most complex scientific and technological problems arising in the course of patent examination and litigation. And this is only the first step in the response to the challenge to the patent law system. The pace of development of research fronts are so high that without the direct involvement of scientists in patent examination, it simply becomes meaningless.
Therefore, the next step is obvious - the development of a powerful distributed network of experts, involving selection those professionals in research organizations who will be able to be experts at the highest level. Without rapid deployment of such a network, we do not provide legal protection in the rapidly developing fields of research and development. You can continue successfully patenting in Russia all that relates to physics, chemistry, but we will have problems in the field of Neurotechnology, genetics, and these spheres are the key directions of the National Technology Initiative, form the basis of HealthNet and FoodNet markets. Since the goal is markets, any error or insufficient quality of patent examination would entail losses of national priority results.
How It may look, such a distributed peer network?
The architecture needs a serious discussion. For example, it is possible to develop a mechanism to attract freelance experts and their constantly updated database can be allocated at the Federal Institute of Industrial Property (FIPS). It is possible to partially transfer the functions of expertise to NGOs through the instruments of accreditation.
The first step in this direction could be to transfer the functions of patenting and patents directly to FIPS. Such a bill has been prepared by Rospatent, but it would goof tp be more adequate rates of movement, and less archaic methods of solving problems in the sphere of intellectual property.
What is the impact on the "life cycle" of an intellectual product of information technology?
- The creation, distribution, and reproduction of an intellectual product thanks to digital technology have now been completely divided. Using 3D-printing has led to the fact that the objects of the intellectual right, freely handed down through the digital network, are produced or reproduced in different countries and, accordingly, in different legal systems.
Digital technology and modern additive manufacturing cast doubt on the adequacy and value of national patents.
Supra-national system of legal protection are becoming increasingly important such as the Hague Agreement, regional systems, Eurasian Economic Community patents.
But, alas, it does not solve the problem of reduction of terms of obtaining legal protection. There is a tendency to simplify and make no examination at all. For example, there is examination of industrial design in Russia and in many countries there is not. In this sense, you need to decide - either move on the path of non-examination, although here there are risks to increase the burden in the court system, or - to move to new forms of automation expertise - modern technology to work with three-dimensional models completely solve this problem. In this regard, Russia has an excellent chance to implement innovative models and, more than that, to become the initiator of the global agenda. I think the "window of opportunity" is in this area just two or three years.