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Annual reports 2005 - Section 2

 



Activity of Rospatent in the Field of Control and Supervision Over the Use of the Results of Intellectual Activities


In the year 2005 Rospatent paid special attention to the improvement of the legislative basis for the realization of governmental control system. According to the new terms of reference of Rospatent, control over the legal protection and exploitation of results of intellectual activities created at the expense of the federal budget is considered to be one of the measures aimed at the commercialization of the created developments, legal protection and ensuring the legal turnover of the results of scientific and technical activities.

A Conception of the normative and methodological support of the Rospatent's control and supervision functions was elaborated in 2005.

Draft Resolution of the Government of the Russian Federation “On the Control and Supervision in the Field of Legal Protection and Exploitation of the Results of Scientific and Research, Experimental­Design and Technological Civil Works Carried Out at the Expense of the Federal Budget” was prepared and agreed with almost all federal executive bodies.

With a view to realize the control functions and ensure record of generalized and complex data on the elaborations carried out at the expense of the federal budget a Resolution of the Government of the Russian Federation of May 4, 2005 ? 284 “On the State Record for the Results of Scientific and Research, Experimental­Design and Technological Civil Works” has been drafted in cooperation with the Ministry of Education and Science of the Russian Federation and adopted by the Government.

Within the implementation of this Resolution Rospatent has drafted and sent to the Federal Agency on Science and Innovations:

• record forms compatible with the forms used for the state record of the results of the scientific and research, experimental­design and technological works of military, special or dual­purpose;

• proposals on the automation of recording and control over the turnover of the results of scientific and technical activities.

Within the realization of the control and supervision functions of Rospatent the documentation on the terms of conclusion of governmental contracts of the federal executive bodies placing governmental orders has been analyzed and studied in 2005. The abovementioned resulted in reference noted prepared for the executives of the Ministry of Education and Science.


Study of the Documents on the Terms of Conclusion of Governmental Contracts


Prior to the adoption of the “Statute on the Execution of Control in the Field of Legal Protection and Exploitation of the Results of Scientific and Technical Activities Created at the Expense of the Federal Budget” prepared by Rospatent, an examination of the current situation in the field of legal protection and exploitation of the results of scientific and technical activities created at the expense of the federal budget has been carried out on 6 scientific and technical enterprises in 2005: Federal State Unitary Enterprise Central Aerohydrodynamic Institute named after N.E. Zhukovskiy (Zhukovskiy), Federal State Unitary Enterprise Central Scientific and Research Institute named after A.N. Krylov (Saint­Petersburg), Institute of Catalysis named after G.K. Boreskov of the Siberean subdivision of the Russian Academy of Sciences (Novosibirsk), State Ryazan Instrument Plant (Ryazan), Scientific and Technical Center Moscow Academy named after I.M. Sechenov (Moscow), Joint Stock Company Scientific and Production Union “Saturn” (Rybinsk). The reference notes on the legal protection and exploitation of the results of scientific and technical activities in the abovementioned organizations were prepared for the executives of the Ministry of Education and Sciences.

A plan of the elaboration of the documents necessary for the examination and execution of Rospatent's control and supervision functions has been prepared, and the following set of normative documents on the realization of the system of state control was developed according to it:

• a program of examination of activities of a federal executive body or a legal entity subject to state control and supervision;

• methods of conduction of control and supervision in the field of legal protection and exploitation of the results of scientific and technical activities, engaged into commercial turnover and created at the expense of the federal budget;

• the form of a notification of the infringements discovered in the course of the examination.

Rospatent elaborated and sent to the Ministry of Education and Science proposals on the rules of filing applications for protection titles concerning recording of data on the intellectual property objects, created within the contracts for the governmental needs, the rights in which belong to the creator. A compilation of legal documents in the field of legal protection and exploitation of the results of scientific and technical activities has been prepared. It is designed for the decisionmakers of the enterprises and organizations, businessmen and specialists, carrying out works within governmental contracts, related to innovation activities, to the legal protection and exploitation of the created scientific and technical results.


Study of the Status of the Legal Protection and Use of the Results of Scientific and Technical Activities


Comprehensive control and supervision in the field of exploitation of intellectual property and results of intellectual activities required for improvement of the legislative basis for the exploitation of the rights on the results of intellectual activities created at the expense of the budget. In 2005 Rospatent elaborated and sent to the Ministry of Education and Science of the Russian Federation draft laws designed to strengthen the legal protection and stimulate the exploitation of the results of scientific and technical activities created at the expense of the federal budget. Amendments to the Patent Law of the Russian Federation, Federal Law “On the Legal Protection of Computer Programs and Databases”, Federal Law “On the Legal Protection of the Topologies of Integrated Circuits ”, Federal Law “On Science and State Scientific and Technical Policy”, Budget Code of the Russian Federation, Tax Code of the Russian Federation, Federal Law “On the Privatization of the State Property and the Basic Principles of the Privatization of Municipal Property”, Federal Law “On the Commercial Secret”, Federal Law “On the Basic Principles of the State Regulation of Foreign Trade”, and draft laws “On the Transfer of Technologies” and “On the Stimulation of Innovation and Introduction of Science Intensive Technologies Into Production” have been prepared.

The proposals of Rospatent on the improvement of the legislative basis regulating the processes of the engagement of intellectual property into commercial circulation have been discussed with the representatives of the industries, business and patent attorneys at the meetings of the Consultative Council on Intellectual Property of the Federal Service for Intellectual Property, Patents and Trademarks on April 26, 2005 and June 21, 2005.

In cooperation with the Ministry of Education and Science the Resolution of the Government of the Russian Federation of November 17, 2005 ? 685 “On the Exploitation of the Rights on the Results of Scientific and Technical Activities” has been prepared and adopted.

It is planned to conduct in 2006 at least 30 examinations of the federal executive bodies and legal entities placing governmental orders for scientific and research, and experimental­design works and to reach the figure of 200 examined public contracts in 2006 and 800 in 2009.

Rospatent's activity on the control and supervision in the field of legal protection and exploitation of intellectual property items and results of intellectual activities will in the long run allow for an increase in the number of applications for intellectual property items, activate legal turnover of the results of scientific and technical activities and increase the number of properly drawn up public contracts from 40% in 2006 to 100% in 2007, and also increase the number of protected intellectual property items, the rights on which belong to the Russian Federation, up to several thousand by 2009.


Elaboration of the Plans of Examinations in 2006


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