Legal regulation innovation activities in the Russian Federation is carried out through the application of the norms of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, federal laws, decrees of the President of the Russian Federation and other legal acts of the Russian Federation and constituent entities of the Russian Federation.
The main legal act regulating relations between the subjects of scientific and (or) scientific and technical activities, public authorities and consumers of scientific and (or) scientific and technical products (works and services) is the Federal Law of August 23, 1996 N 127- Federal Law "On Science and State Science and Technology Policy" (as amended). The law determines legal status subjects of scientific and (or) scientific and technical activities, the procedure for the formation of state scientific and technical policy.
The need to regulate innovation processes is caused, first of all, by their growing importance for the economy and society as a whole. Under the influence of innovations, the structure of the economy is changing, since innovations are the direct cause of the emergence of new industries, industries and the gradual withering away of existing ones.
Legal regulation involves a targeted impact on one or another type of social relations. Innovative activity also acts as a kind of social relations that develop in the process of creating and introducing innovations into society. Legal regulation should be understood as the impact of the rule of law on public relations in order to streamline and develop them. Goncharenko L P Management of investments and innovations M.2014
State regulation of innovation activity is carried out through the use of various legal methods, means and forms. Main legal remedy state regulation are legal acts. These are numerous regulations regulating the procedure for the creation and implementation of innovations, as well as other acts aimed at creating a market innovation infrastructure. Regulation of innovation activities can also be carried out on the basis of innovative forecasts of strategies and programs.
The directions of the state scientific and technical policy for the medium and long term are determined by the President of the Russian Federation, taking into account the proposals of the constituent entities of the Russian Federation.
The Budget Code of the Russian Federation plays a significant role in the budgetary provision of innovation policy. Basic research is funded from the state budget.
Annual opportunities for financial support are fixed in the Federal Law on the state budget for the next year. The set of tax incentives is reflected in the differentiated rates for each type of financial withdrawal in the Tax Code of the Russian Federation.
Complex of property relations, subjects producing objects intellectual property, including the state, entities producing material products are regulated by the Civil Code of the Russian Federation.
The procedure for an innovative object to enter the foreign market is fixed in the Customs Code of the Russian Federation.
A number of constituent entities of the Russian Federation have adopted legislative acts on innovation activities. Makhovikova G A, Efimova N F innovation management M.2014 p 107-109
The scientific and technical policy of the federal Russian authorities is currently largely directed towards an innovative development path. A number of legal documents aimed at the development of scientific and technical developments and their implementation have been developed and adopted. Such documents include the following:
- - The concept of socio-economic development of Russia until 2020, containing the goals and objectives of the state innovation policy, the strategy of innovation development, mechanisms for implementing innovation policy;
- -Federal Law of July 19, 2007 No. 139-FZ "On the Russian Corporation of Nanotechnologies". In accordance with this law, the corporation acts to promote the implementation of public policy in the field of nanotechnologies, development of innovative infrastructure in the field of nanotechnologies, implementation of projects for the creation of promising nanotechnologies and nanoindustry;
- - Federal Law of November 23, 2007 No. 270-FZ "On the State Corporation Rostekhnologii". The purpose of the activities of the state corporation "rostekhnologii" is to promote the development, production and export of high-tech industrial products by providing support in the domestic and foreign markets for Russian organizations - developers and manufacturers of high-tech industrial products, attracting investments in organizations of various industries, including the military-industrial complex;
- - Federal Law of July 22, 2005 No. 116-FZ "On Special Economic Zones of the Russian Federation" (as amended). Special economic zones are created in order to develop the manufacturing sectors of the economy, high-tech industries, the production of new types of products, transport infrastructure. Kuznetsov B T, Kuznetsov A B. innovation management M.2013 p 114
The innovative way of development is recognized as a priority for Russia in the coming years. This is evidenced by the adoption of federal targeted programs in the field of science and innovation, which are beginning to be implemented.
The state priorities of the Russian - scientific and technological innovation policy are largely determined by the Federal Target Program "Development of the Nanoindustry Infrastructure in the Russian Federation". The purpose of the program is to create in the Russian Federation a modern infrastructure of the national nanotechnological network for the development and realization of the potential of the domestic nanoindustry.
The program that determines the state priorities of the Russian scientific, technical and innovation policy is the Federal Target Program "National Technological Base for 2007-2011"
This program includes the sub-program "Development of the electronic component base", The purpose of the program is to ensure the technological development of the domestic industry based on the creation and implementation of breakthrough, resource-saving, environmentally friendly industrial technologies for the production of competitive science-intensive products. Gribov V D, Nikitina L P Innovation management Tutorial M-2013
As part of the implementation of the program, the foundations of the national innovation system were laid, measures were taken to develop the research and development sector, form an innovation infrastructure, and modernize the economy based on technological innovation. In recent years, state funding for fundamental science has been significantly increased (by 1.6 times in 2006-2008) and applied research, including through the mechanism of federal target programs and state science funding funds. The main elements of the system of development institutions in the field of innovations have been created,
Significant efforts are aimed at stimulating research activities and innovative development in higher education. Financial support was provided for innovative programs of 57 universities (in 2005-2008, 30 billion rubles were allocated for these purposes).
Work has begun on the formation of national research centers (the first such center was created on the basis of the federal state institution "Russian Research Center "Kurchatov Institute"). The infrastructure for supporting innovation is being developed, including technology-innovative special economic zones that provide significant benefits to innovative companies, science cities, technology parks .
Federal Law No. 70-FZ of April 7, 1999 "On the Status of the Science City of the Russian Federation" (with amendments and additions) defines the following basic concepts: a science city of the Russian Federation (hereinafter referred to as a science city) is municipality with the status of an urban district, having a high scientific and technical potential, with a city-forming scientific and industrial complex;
Research and production complex of the science city - a set of organizations engaged in scientific, scientific and technical, innovative activities, experimental development, testing, training in accordance with the state priority areas for the development of science, technology and technology of the Russian Federation;
The infrastructure of a science city is a set of organizations that ensure the vital activity of the population of a science city.
Legal regulation of the science city status is carried out in accordance with the Constitution of the Russian Federation, federal laws on the general principles of organization local government, on science and state scientific and technical policy, other federal laws, this Federal Law, constitutions, charters and laws of the constituent entities of the Russian Federation.
During this period, in accordance with the Federal Law of September 28, 2010 No. 244-FZ “On the Skolkovo Innovation Center”, the foundation was laid for the creation of a territorially separate complex - the Skolkovo Innovation Center, in which an unprecedented legal regime, minimizing administrative barriers and tax burden for resident companies. Within the framework of the Skolkovo innovation center, a technical university is being created with the aim of reaching the level of the world's leading universities in the future. A system of state co-financing of innovative projects of private companies is being formed through management company innovation center "Skolkovo", federal state autonomous institution "Russian fund technological development" and other development institutions. In relation to companies with state participation, a system is being formed to support the development and implementation of innovative development programs by them. project implementation, including through the use of this infrastructure;
the territory of the center is the land plots that are located within the boundaries of the territory intended for the implementation of the project, and determined in accordance with the procedure established by the President of the Russian Federation, and are owned by the managing company;
infrastructure of the Centre's territory - the totality of the territory of the Center, as well as buildings, structures, structures and other objects, including objects of communal infrastructure.
Significant work has been done to improve the legal regime of innovation activity.
Decree of the Government of the Russian Federation of December 8, 2011 No. 2227-r approved the Strategy for Innovative Development of the Russian Federation for the period up to 2020. The Strategy for Innovative Development of the Russian Federation for the period up to 2020 has been developed on the basis of the provisions of the Concept for the Long-Term Socio-Economic Development of the Russian Federation for the Period up to 2020.
The strategy is designed to respond to the tasks facing the Russian Federation in the field of innovative development, to determine the goals, priorities and instruments of the state innovation policy. The strategy sets long-term development guidelines for the subjects of innovation activity, as well as guidelines for financing the sector of fundamental and applied science and supporting the commercialization of developments.
The strategy is based on the results of a comprehensive assessment of the innovative potential and a long-term scientific and technological forecast. The provisions of the Strategy should be taken into account when developing concepts and programs for the socio-economic development of Russia. Based on the positive results achieved in the implementation of innovation policy in previous years, the Strategy corrects its most significant shortcomings, and also takes into account new areas of innovation support policy formed in recent years .
The goal of the Strategy is to transfer the Russian economy to an innovative development path by 2020, characterized by the following values of the main indicators:
- -increasing the share of industrial production enterprises implementing technological innovations in the total number of industrial production enterprises up to 40-50 percent by 2020 (9.4 percent in 2009);
- - an increase in Russia's share in the world markets for high-tech goods and services (nuclear energy, aircraft, space technology and services, special shipbuilding, etc.) to 5-10 percent in 5-7 or more sectors of the economy by 2020;
- - an increase in the share of exports of Russian high-tech goods in the total world export of high-tech goods to 2 percent by 2020 (0.25 percent in 2008);
- -increase in the gross value added of the innovation sector in the gross domestic product up to 17 - 20 percent by 2020 (in 2009 - 12.7 percent);
- -increasing the share of innovative products in the total volume of industrial output to 25-35 percent by 2020 (4.9 percent in 2010);
- -increasing domestic spending on research and development to 2.5 -3 percent of gross domestic product by 2020 (in 2010 - 1.3 percent), of which more than half - at the expense of the private sector;
- - an increase in the share of publications by Russian researchers in the total number of publications in world scientific journals up to 3 percent by 2020 (in 2010 - 2.08 percent);
- - an increase in the number of Russian universities that are among the top 200 world universities with legal entities in patent offices
the European Union, the United States of America and Japan, up to 2.5 - 3 thousand patents by 2020 (in 2009 - 63 patents);
Increasing the share of funds received from research and development work in the structure of funds received by leading Russian universities from all sources of funding, up to 25 percent.
At the same time, the overall economic growth and the pace of innovative development will be increasingly interconnected. On the one hand, innovative development will become the main source of economic growth as a result of increasing labor productivity and production efficiency in all sectors of the economy, expanding markets and increasing the competitiveness of products, creating new industries, increasing investment activity, increasing household incomes and consumption volumes. It is assumed that innovative development will provide an additional 0.8 percentage points of annual economic growth over the inertial development scenario starting from 2015. On the other hand, economic growth will expand opportunities for the emergence of new products and technologies, will allow the state to increase investment in the development of human capital (primarily in education and fundamental science), as well as in support of innovation, which will have a multiplier effect on the pace of innovation development.
The main objectives of the Strategy are:
- -development of human resources in the field of science, education, technology and innovation;
- -increasing the innovative activity of business and accelerating the emergence of new innovative companies;
- - the widest possible introduction into the activities of bodies government controlled modern innovative technologies;
- -formation of a balanced and sustainable research and development sector;
- - ensuring the openness of the national innovation system and economy, as well as Russia's integration into the world processes of creating and using innovations;
- - activation of activities for the implementation of innovation policy carried out by state authorities of the constituent entities of the Russian Federation and municipalities.
- - Solving the problem of developing human resources in the field of science, education, technology and innovation includes the implementation of the following activities:
- -creation of effective material and moral incentives for the influx of the most qualified specialists, active entrepreneurs, creative youth in the sectors of the economy that determine its innovative development, as well as in education and science that ensure this development;
- -increasing the susceptibility of the population to innovation - innovative products and technologies;
- - increase in the number of innovative entrepreneurs;
- -creation in society of an atmosphere of tolerance for risk;
- - promotion of innovative entrepreneurship and scientific and technical activities;
- -adaptation of the education system in order to form in the population from childhood the knowledge, competencies, skills and behaviors necessary for an innovative society and innovative economy, as well as the formation of a system of continuous education.
The widest possible introduction of modern innovative technologies into the activities of government bodies will ensure, among other things, the formation of e-government, the transfer of most services to the population into electronic form and the expansion of the use of the state order system to stimulate innovation. The state should ensure the formation of a favorable innovation climate, including the creation of conditions and incentives for innovation, as well as favorable conditions for the use of innovation in all types of activities.
The implementation of the Strategy is based on the following principles:
- - identification of problems and ways to solve them using a set of innovative tools in areas characterized by insufficient entrepreneurial activity;
- - close interaction between the state, business and science both in determining priority areas of technological development and in the process of their implementation;
- - creation of incentives and conditions for technological modernization based on increasing the efficiency of companies using a set of tariff, customs, tax and antimonopoly regulation measures; innovation intellectual property document
- - ensuring investment and personnel attractiveness of innovative activity;
- -transparency of spending funds to support innovation;
- -orientation in evaluating the effectiveness of organizations of science and education, innovative business and innovation infrastructure to international standards;
- - promotion of competition as a key motivation for innovative behavior (including in the research and development sector);
- -coordination and interconnection of budgetary, tax, foreign economic and other areas of socio-economic policy as a necessary condition for solving the key tasks of innovative development.
The President of the Russian Federation, VV Putin, in his speech “On the Development Strategy of Russia until 2020” noted: “There must be a single legal space for the country. The regional legal framework must be brought into line with federal legislation, which, in turn, will be seriously developed, including the systematization of legislation.
Innovative entrepreneurship is carried out in two forms: in the form of individual entrepreneurship and by creating a legal entity. In case of sole proprietorship we are talking on individuals engaged in entrepreneurial activities in the scientific and technical field without forming a legal entity. In fact, this is the initial form of entrepreneurial activity. It is associated with the creation and use of innovations by individuals. In this case, the subjects of innovative activity can be inventors, designers and other creative individuals who have created an innovative product. As individual entrepreneur an individual who has received the right to use an object of industrial property can act in the innovation sphere. However, the possibilities of an individual entrepreneur in creating and using an innovative product are always limited.
The leading subjects of innovation activity are legal entities. These, regardless of the form of ownership, include research and design bureaus, enterprises and organizations of various sectors of the economy, higher educational establishments. Organizational and legal forms of innovative activity can be state and municipal unitary enterprises, institutions, among which scientific organizations stand out in terms of the subject of innovative activity. According to the functions performed in the process of innovation, subjects can act as developers (performers), customers, manufacturers of new products, consumers of innovative products. Thus, innovative organizations include research organizations and research centers that perform fundamental and applied research; design organizations and specialized design bureaus that carry out design developments and projects; design and technological organizations that develop and manufacture technological systems for the production of goods; innovative enterprises (companies, firms) specializing in the materialization of R&D results.
Successful innovation activity must be ensured by close interaction industrial enterprises with research organizations. However, the mechanism of such interaction in the process of economic reform in Russia was destroyed. Gribov V D, Nikitina L P Innovation management Tutorial M-2013
In fact, the infrastructure of scientific and technical activity is being created anew in industry. High-tech firms are emerging that are able to invest heavily in new technologies. They arise and develop, first of all, within the framework of associations of business organizations: concerns, holdings, financial and industrial groups and other associations of legal entities. Participation as a subject in innovative activities does not require the acquisition of an appropriate status. The criterion for referring a person to the subjects of innovative activity is the very fact of his participation in this activity. Currently, obtaining benefits requires specifying in the charter of the organization the scientific and technical nature of the activity and accreditation, while scientific and technical products must account for at least 70 percent of the products produced by the organization. As a result of innovative activity, an innovative product arises - the result of intellectual work. In the process of its creation and appropriation, a system of ownership relations for this product is formed. The ownership of an innovative product is associated with the exclusive right to use the results of innovative activity. In a market economy, intellectual property rights act as a commodity along with knowledge and technology. The objects that make up an innovative product are the most various forms innovations. The most important object of innovative entrepreneurship is intellectual property, and primarily industrial intellectual property (discoveries, inventions, rationalization proposals, know-how, trademarks, new documents describing technological, production, and management processes).
In accordance with the Civil Code of the Russian Federation (Part 4), the result of intellectual activity (intellectual property) is: works of science, literature and art; programs for electronic computers; Database; performance; phonograms; broadcast messages; inventions; utility models; selection achievements; topologies integrated circuits; production secrets (know-how); brand names; trademarks and service marks; appellations of origin of goods; commercial designations. Intellectual property is protected by law. Civil Code of the Russian Federation (part 4) article 1225
The author of the result of intellectual activity is recognized as a citizen whose creative work created such a result. Intellectual rights to works of science, literature and art are copyrights. The author of a work has the following rights: the exclusive right to the work; the right of authorship; the right of the author to a name; the right to inviolability of the work; the right to publish the work; Civil Code of the Russian Federation (part 4) article 1228-1255
The exclusive right to an invention, utility model or industrial design is recognized and protected under the condition state registration relevant inventions, utility models or industrial design, on the basis of which the federal body executive power for intellectual property grants a patent for an invention, utility model or industrial design.
Protection of intellectual property rights to an invention, utility model or industrial design is granted on the basis of a patent. The right to obtain a patent for an invention, utility model or industrial design initially belongs to the author of the invention, utility model or industrial design. sample. Civil Code of the Russian Federation (part 4) articles 1353,1357,1358
A trademark, that is, a designation that serves to individualize the goods of legal entities or individual entrepreneurs, is recognized as an exclusive right, certified by a trademark certificate. The owner of the exclusive right to a trademark may be a legal entity or an individual entrepreneur. Trademarks may be verbal, figurative, three-dimensional and other designations or their combinations are registered. A trademark can be registered in any color or combination of colors. Civil Code of the Russian Federation (part 4) articles 1477,1478,1482
Innovative development means the constant expansion of the list of innovative products, due to the emergence of new scientific, technical, industrial, managerial and commercial knowledge, industrial or laboratory processes of a new nature, new information processing systems, new programs. Not all objects of ownership of the results of innovation activities enjoy direct legal protection. The protection of know-how is not regulated by legislative acts, although know-how may contain very important scientific and technical information.
The state is an indispensable participant in the innovation process,
performing one of the most important, responsible functions requiring high professionalism, strategic thinking and efforts on the part of the leaders of the state. State innovation policy is an integral part of socio-economic policy;
should be aimed at increasing the country's gross domestic product through the development of fundamentally new types of products and technologies, expanding markets for goods, works, and services produced in Russia. It involves the displacement of outdated technologies, increasing the competitiveness of products. Interaction should be widely developed commercial forms science and production.
The main directions of the state innovation policy are:
State support and incentives for investors in science-intensive, high-tech industries. This can be done by combining efforts from the state and private investors,
interaction with countries near and far abroad. Stimulation of such cooperation can be carried out through the introduction of certain tax incentives regarding funds,
financing innovation activities, government guarantees and loans;
- - creation of a mechanism of foreign economic support for the formation of conditions for the joint activities of domestic and foreign organizations for the production of domestic science-intensive products, taking into account its further sale on the foreign market;
- - planning in the budgets of different levels of direct public investment for innovative programs and projects that have state priorities;
- - development of a leasing system to attract high-tech equipment;
- - stimulating the participation of innovative and active enterprises in international competitions.
Innovation policy is closely linked to science and technology policy, including state regulation science and scientific and technological development. Goncharenko L P Management of investments and innovations M.2014
State support for innovation activities is carried out in the following forms:
- - financing of research, development and technological work related to innovation activities;
- - financing of innovative programs and projects that ensure the innovative activities of events, as well as the activities of the subjects of the infrastructure of innovative activities;
- - financing of potenting abroad of inventions and industrial designs that are part of exported or preparing for export domestic products;
- - investing in the creation and development of innovative activity infrastructure entities;
- -placement of a state order for the purchase of products created as a result of innovative activities;
- -provision of subsidies for the implementation of individual innovative projects and supporting activities;
- - guarantee to Russian and foreign creditors and investors for the obligations of the subjects of innovation activity and subjects of infrastructure of innovation activity;
- - tariff and non-tariff regulation of the competitiveness of high-tech products of Russian manufacturers in relation to similar products of foreign manufacturers, the production of which is supported by the respective states;
- - provision of benefits to the subjects of innovation activity and subjects of the infrastructure of innovation activity on taxes, duties,
fees and other payments to the budget;
Granting the right to use state-owned property, including objects of intellectual property.
The implementation of the main goals and objectives of the state innovation policy is carried out by regulating the activities of subjects
innovative activity. At the same time, the state guarantees support, first of all, for priority innovation programs and projects, the creation and development of an infrastructure for innovation, the protection of intellectual property, protection against unfair competition and monopoly, freedom of access to information about the priorities of the state innovation policy,
attraction on a competitive basis to the implementation of innovative programs and projects of public organizations, the development of small business in research and innovation areas. Goncharenko L P Management of investments and innovations M.2014
On the present stage the scope of innovation activity in Russia is gradually expanding with the active penetration of the institution of innovation into the business sector through entrepreneurial structures both in industries with large high-tech production and in small business. Innovation activities include a complex of scientific, technical and intermediary works implemented in the national economy:
Organization of the introduction of replication of inventions, know-how, scientific and technical developments, including the creation of prototypes, testing, development and transfer of technologies and scientific and technical documentation, production preparation, patent research, design work;
Organization of information retrieval, creation and maintenance of databases;
Conducting research, design and development, marketing research related to the innovation process;
Organization of examination of projects, holding competitions, consulting;
Solving organizational, legal, economic, managerial problems related to increasing the efficiency of production, saving raw materials, materials and energy resources, improving the provision of the population's needs for goods and services, with an increase in environmental safety;
Training and advanced training of personnel in the field of intellectual activity, new technologies, market mechanisms;
Carrying out work in the field of creation information technologies and products;
Promotion of the achievements of science and technology, exhibition and publishing;
International scientific and technical cooperation.
In general, these areas are associated with innovative activities. However, when considering them in detail, it is necessary to pay attention to the fact that innovation activity itself should be singled out from them, which is different from the field of research and development (R&D), since it is precisely this activity that represents the very process of using innovations in order to make a profit by commercial enterprises. enterprises as the main task of any business entity.
As a relevant innovative product, there may be new inventions, products, technologies, management mechanisms, which are the result of innovative activity. Based on this approach, innovation (innovation) can be more accurately defined as the end result of creative activity, embodied in the form of a new or improved product sold on the market, or a new or improved technological process used in practice. With this in mind, depending on the nature of the activities of producers and consumers of certain innovations in the business sphere, innovations should be singled out, primarily in the sphere of production and provision of services.
In the industrial sphere of entrepreneurship, it is customary to distinguish two types of innovations: product and process. Products include innovations embodied in a technologically new or significantly improved product. It is a technologically new product that should be considered the core of product innovations, since such is the product that, in terms of its design features used to manufacture the material, has no analogues, which indicates its inherent innovative novelty, introduced in industrial production. Based on this, for the characteristics of a technologically improved product, such conditions will already be significant, such as the presence of a certain product, which, as a result of relevant innovations, has undergone, for example, a number of significant changes that contributed to obtaining a tangible economic effect from their use.
Process innovations, unlike product innovations, do not manifest themselves directly in the form of new equipment, machines or materials, but in the form of the introduction of technologically new production processes or their improvement by significantly improving the organization of production cycles for the manufacture of one or another marketable products. The focus of such innovations is to increase production efficiency through the use of new or improved traditional methods of organizing production processes. Along with the above, it should be noted that innovations in the areas considered are characterized by such common features as the use of innovative developments, technologies or knowledge, which can be embodied in constructively new technical products (machines, equipment), software, which reflected unparalleled or improved technological processes or procedures for the interaction of participants in the relevant systemic methods of business management of business entities in a single segment of the market economy on a regional, country scale. As a result, speaking about the main goal of using innovations by an enterprise and other types of business entities, it is necessary to highlight the sustainable receipt of additional profit by them in the conditions of market competition, based on economic independence with the possible bearing of property risk.
To complete the description of innovations by type, they must be distinguished by functional purpose, namely: industrial, organizational, economic and managerial innovations, in the socio-political field and in the field of spiritual production (science, culture, education, art, etc.). In addition, according to the level of novelty, as already noted, it is customary to distinguish: basic innovations, i.e. innovations based on fundamental scientific and technical results and aimed at mastering fundamentally new scientific and technical systems and technologies; improving innovations with the creation of new machines and materials, the focus of which is to improve the parameters of products and technologies. The above classifications of innovations do not exclude the possibility of their division into types on other grounds. So, innovations can be distinguished by types depending on the sources of their financing, the subject composition, the generation and use of the results of innovations, legal forms regulation of relations between participants in the innovation process. Defining innovations as a collective concept of innovations, it is advisable to take into account that they manifest themselves as scientific, design or technological ideas, principles, mechanisms, organizational decisions, fundamentally new technologies, as well as improvements or rationalization of applied technologies. At the same time, innovations themselves are the result (outcome) of a process called innovation activity, which is a variety of relationships that develop between its participants.
In the understanding of innovation activity, as well as innovation, there are different approaches in domestic economic and legal science. In economics, innovation activity is most often understood as "the procedure for creating a new product from the formation of its idea to the development of production, release, sale and obtaining a commercial effect". If we consider the developments of representatives of legal science, then they also contain many definitions of the concept under consideration.
According to The main directions of the policy of the Russian Federation in the field of development of the innovation system for the period up to 2010 approved by the Chairman of the Government of the Russian Federation M. Fradkov dated August 5, 2005 N 2473p-P7, innovation activity is understood as the performance of works and (or) the provision of services aimed at:
To create and organize the production of a fundamentally new or with new consumer properties of products (goods, works, services);
Creation and application of new or modernization of existing methods (technologies) of its production, distribution and use;
The use of structural, financial, economic, personnel, information and other innovations (innovations) in the production and marketing of products (goods, works, services) that provide cost savings or create conditions for such savings.
The policy of the Russian Federation in the development of the innovation system is based on an equal public-private partnership and is aimed at combining the efforts and resources of the state and the business sector of the economy for the development of innovation. At the same time, the goal of the state policy in the field of innovation system development is to create economic conditions for bringing competitive innovative products to the market in the interests of realizing the strategic national priorities of the Russian Federation: improving the quality of life of the population, achieving economic growth, developing fundamental science, education, culture, ensuring defense and security of the country by combining the efforts of the state and the business sector of the economy on the basis of mutually beneficial partnership.
Creating a favorable legal environment for innovation activity provides for the improvement of legislation in the following areas:
Protection, use and protection of the results of intellectual activity;
Determination of legal norms regulating the use of resources of scientific-technical and military-technical information systems for information support of innovative activities, including the exchange of knowledge and technologies between the military-industrial and civilian sectors of the economy;
Creation of legal conditions for consolidating the efforts of federal and regional authorities, local governments to form an innovation system;
Expansion of powers of the constituent entities of the Russian Federation and municipalities for resource support of innovative activities;
Development and implementation of tax, customs and tariff policy measures aimed at stimulating the commercialization and introduction of new technologies into production;
Creation regulatory framework aimed at creating a favorable environment for attracting private investment to finance innovation, including the development of forms of joint financing of innovation projects at the expense of the federal budget and private investors;
Creation of institutional and legal conditions for the development of venture entrepreneurship in the field of science-intensive innovation projects.
According to the Federal Law of August 23, 1996 No. 127-FZ "On Science and State Science and Technology Policy" in paragraph 2 of Art. 11, which defines the principles of the state scientific and technological policy, in paragraphs 1,2 and 4 of Art. 112, fixing the scope of competence of the state authorities of the Russian Federation and its subjects in the field of formation and implementation of the state scientific and technical policy, the concept of "innovative activity" is only mentioned without any of its substantive characteristics. At the same time, this concept appears in the conditions of the relevant norms of this law, together with such concepts as scientific and scientific and technical activity, which indicates the recognition by the legislator of the differences between these types of activity.
In view of this circumstance, we note that in accordance with Art. 2 Federal Law "On Science and State Science and Technology Policy" under scientific activity refers to activities aimed at obtaining and applying new knowledge, both fundamental and applied. Whereas scientific and technical activity is defined as an activity aimed at obtaining, applying new knowledge to solve technological, engineering, economic, social, humanitarian and other problems, ensuring the systematic functioning of science, technology and production. In addition, taking into account the problems under consideration, the definitions of the scientific and technical result and products given in this law should be taken into account. So, if a product of scientific or scientific and technical activity containing new knowledge or solutions recorded on any information carrier is recognized as a scientific and technical result, then the scientific and technical result itself, including the result of intellectual activity, is classified as a scientific and technical product.
The Law on Science directly provides for the development of state policy in relation to science. The main goals of the state scientific and technical policy are the development, rational distribution and effective use of scientific and technical potential, increasing the contribution of science and technology to the development of the state economy, the implementation of the most important social tasks, ensuring progressive structural transformations in the field of material production, increasing its efficiency and competitiveness of products , improving the environment and protecting information resources state, strengthening the defense capability of the state and the security of the individual, society and the state, the integration of science and education.
The measures of state support for scientific, technical and innovative activities include the following, which are divided into areas of activity of the state:
In the field of finance;
Areas of conservation and training of scientific personnel;
Areas of improving the structure of the public sector of science and high technology, strengthening the material and technical base of science, increasing the efficiency of using state property;
Areas of effective use of the results of scientific and scientific-technical activities and creation of conditions for their commercialization.
The concept of science development is determined The Strategy for the Development of Science and Innovation in the Russian Federation for the period up to 2015, approved by the Interdepartmental Commission on Science and Innovation Policy (Minutes No. 1 dated February 15, 2006), which, as the general goal of the strategy, determines the development of scientific potential and its transformation into an important part of the country's economy. This document has a long-term effect and breaks the process of scientific development in the specified period into three stages, mediating a certain set of tasks. At the first stage, the priority is the development of fundamental science, stimulating the introduction of innovative technologies into entrepreneurship, creating the missing elements of the innovation infrastructure, i.e., individual branches of scientific and scientific and technical knowledge, as well as bringing them under international principles. The second stage provides for the inclusion of innovations in the global economy, the implementation of major scientific projects, and the creation of an integrated innovation system. In the third stage, the development of the research sector, the change in the implementation of large projects in connection with the development of science, the development of innovative systems in accordance with foreign standards will have to be carried out.
In general, innovations are differentiated by industry: in the fuel, printing and metallurgy industries, where technological innovations prevail; and in other industries - grocery, which account for almost two-thirds of all costs. Any innovative activity is entrepreneurial and is based on:
- on the search for new ideas (from a new product to a new structure) and their evaluation;
− finding the necessary resources;
− creation and management of the enterprise;
- receipt of monetary income and personal satisfaction with the achieved result.
At the same time, there is no special legislation on innovative entrepreneurship to regulate innovative activity, therefore, general laws aimed at regulating innovation activities in general. There is also no specific system of legislative acts that contribute to its activation. The legal insecurity of innovative entrepreneurship, whose activities are associated with great risks, makes the innovation sphere not attractive enough for Russian and foreign investors. Although at the same time, this business area is a potentially favorable and attractive area for investment in the presence of comprehensive legal regulation, which implies the maximum breadth of coverage and consistency in the use of state support for the innovation process.
The legal framework governing the development of innovative infrastructure and innovative entrepreneurship can be characterized as a multi-level and poorly structured legal entity, consisting of legal acts of various branches, aimed at regulating relations with a not clearly defined special subject composition and insufficiently coordinated conceptual apparatus. Nevertheless, it can be stated that the formation of separate blocks of normative legal acts has begun, which determine the main institutional features, the legal contours of the transformation of legislation in this subject area. An analysis of the legal framework showed that it is possible to classify legal acts aimed at regulating innovation activities according to the following criteria:
The legal force of regulatory legal acts (federal laws, by-laws, regional and municipal regulatory legal acts, local acts of enterprises), which determines the principles of consistency of legal acts;
Normative content of legal acts (general legal regulations or special legal regulation), for example, Federal Law No. 127-FZ of August 23, 1996 “On Science and State Science and Technology Policy” and Nanoindustry development program in the Russian Federation until 2015 (approved by the Government of the Russian Federation on January 17, 2008);
Industry affiliation (civil, financial, environmental law, etc.): Civil Code of the Russian Federation, Tax Code of the Russian Federation, Budget Code of the Russian Federation, Federal Law of July 24, 2007 No. 209-FZ (as amended on December 27, 2009) “On the Development of Small and Medium Enterprises in the Russian Federation”;
In the sphere of the national economy (metallurgical, chemical, light industry, pharmaceuticals, transport, electric power, etc.), for example, Order of the Ministry of Industry and Energy of the Russian Federation No. 119 dated March 14, 2008 "On approval of the Strategy for the development of the chemical and petrochemical industry for the period up to 2015", Order of the Government of the Russian Federation No. 877-r dated June 17, 2008 "On the Strategy for the development of railway transport in the Russian Federation until 2030", Federal Law No. 35-FZ of March 26, 2003 (as amended of July 27, 2010) “On the Electric Power Industry” and Decree of the Government of the Russian Federation of November 13, 2009 No. 1715-r “On the Energy Strategy of Russia for the period up to 2030” and etc.;
Regionally oriented, for example, Decree of the Government of the Russian Federation of 05.07.2010 No. 1120-r “On approval of the strategy for the socio-economic development of Siberia until 2020”, Decree of the Government of the Russian Federation of 06.09.2010 No. 1485-r “On approval of the Strategy for the socio-economic development of the North Caucasus Federal District until 2025" etc.
The main directions in the formation of the legal environment related to the provision of favorable conditions for the development of innovative infrastructure and innovative entrepreneurship are the following provisions:
On science and scientific and technical activity;
Entrepreneurial activity and forms of its implementation;
Intellectual activity, as well as commercialization and introduction of new technologies into production;
Investment activities;
Tax, customs and tariff regulation.
The absence of a basic legislative act that would fix the concept and types of innovations, taking into account current global trends, the mechanism for implementing innovation activities, the procedure for its support by the state in high-tech areas of production, forms of stimulating the attraction of foreign investment to enhance innovation in key areas for the modern economy, including Information Technology.
If we compare the normative legal acts of the current legislation, to some extent intended to regulate relations related to innovation, then several blocks of legal sources can be grouped from among them, depending on their form and target orientation. Thus, it is necessary to single out legislative acts with norms designed to regulate intellectual property as an object, scientific and technical activities and relations arising in connection with the creation, legal protection and use of inventions, utility models and industrial designs - objects of industrial property. In view of the above, it should be emphasized that the legal basis for innovation processes in Russia today is the legislation on intellectual property, the adoption of which in accordance with paragraph "o" of Art. 71 Constitution of the Russian Federation is under federal control.
According to Art. 138 of the Civil Code of the Russian Federation (CC RF) the exclusive right of a citizen or legal entity to the results of intellectual activity and equated means of individualization of a legal entity, products and performed works or services is recognized as intellectual property. At the same time, there are no special rules in the Civil Code of the Russian Federation that define innovation activity as an object of regulation, which gives grounds for stating the fact that the legislator classifies innovation as a specific object that cannot be attributed to traditional civil law institutions.
The issues of legal protection of intellectual property are very important in the innovation sphere, as they are designed to provide the basis for innovative entrepreneurship and are a necessary condition for competitiveness and commercial attractiveness. According to Art. 2 of the Civil Code of the Russian Federation, entrepreneurial is understood as an independent activity carried out at one's own risk, aimed at systematically making a profit from the sale of goods, the performance of work or the provision of services. At the same time, not all entrepreneurship is innovative, but only one that allows you to extract entrepreneurial income as a result of the creation of production, use or diffusion of an innovative product. Therefore, innovative entrepreneurship is an independent activity carried out at one's own risk, aimed at systematically profiting from innovative technology and / or innovative product.
In addition to the above factors influencing the formation and development of venture activities, it is necessary to highlight the problems of standardization and quality management. When solving issues of certification and quality control of innovative products, a certain level of product and technology quality is guaranteed. In market conditions, they are part of a broader concept - "product quality management" as a set of forms and methods for achieving certain consumer properties of the product, providing a certain competitiveness of the company producing it in the production and promotion of the product on the market to the consumer.
Compared to the above acts Law on technical regulation aims to establish the technical parameters required by the state, which must be presented in relation to products, design processes (including surveys) used in various areas of production, construction, installation, commissioning, etc.
The quality management system, ensuring the established technical requirements in the development and implementation of an innovative product into production should be included in the organizational mechanism for the implementation of innovative activities. An innovative product launched into mass production must be provided with a guarantee of proper quality, for which the entrepreneur-developer of the innovative product and the manufacturer can be jointly and severally liable. It is these subjects of innovative entrepreneurship that are directly interested in ensuring competitiveness.
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Innovative activity in our country does not yet have proper legal regulation. There is no unified federal legislative act that defines the concept, types of innovations, the procedure for implementing innovative activities. Federal Law No. 127-FZ of August 23, 1996 “On Science and Scientific and Technical Policy” regulates relations between subjects of scientific and (or) scientific and technical activities, public authorities and consumers of scientific and (or) scientific and technical products ( works, services). The law defines the legal status of the subjects of scientific and (or) scientific and technical activity, the principles of its regulation, the formation and implementation of the state scientific and technical policy.
Moscow has the Law of the City of Moscow dated July 7, 2004 No. 45 “On Innovation Activity in the City of Moscow”2 (hereinafter referred to as the Law on Innovation Activity of Moscow).
The Law on Innovation Activity of Moscow regulates innovation activity in the city of Moscow, establishes the procedure for the formation, approval and implementation of the innovation policy of the state authorities of the city of Moscow in order to ensure the sustainable development of the economy of the city of Moscow through the transition to an innovative development path based on the adopted priorities.
The legal basis of the innovation process is also the legislation in the field of intellectual property. In accordance with paragraph "o" Art. 71 of the Constitution of the Russian Federation, the legal regulation of intellectual property is under the jurisdiction of the Russian Federation.
Special laws have been adopted that define the legal regime for inventions, utility models, industrial designs3, computer programs and databases, topographies of integrated circuits, trademarks, service marks and appellations of origin6, trade secrets.
At the same time, special legislation in this area has yet to be developed, since the legal regime of some objects is formulated only in the form general concepts general law (company name) or not defined at all Russian legislation(discoveries, rationalization proposals).
Sub-legislative acts of different levels regulate certain aspects of innovation activity. Thus, Decree of the Government of the Russian Federation of November 30, 2001 No. 1607-r approved the Main Directions for the Implementation of the State Policy on Involving the Results of Scientific and Technical Activities in the Economic Circulation1. This act was adopted in pursuance of Decree of the President of the Russian Federation of July 22, 1998 No. 8632.
Decree of the Government of the Russian Federation of January 14, 2002 No. 7 approved the Regulation on the inventory of rights to the results of scientific and technical activities.
Resolution of the Federal State Statistics Service of July 19, 2004 No. 31 approved the form of the state federal statistical observation No. 4-innovation “Information on the innovative activity of the organization”.
In addition, these relations are regulated by international treaties and agreements (the Paris Convention for the Protection of Industrial Property, the Eurasian Patent Convention, etc.).
It should be borne in mind that the legislator differently resolved the issue of the moment of occurrence and the grounds for the protection of intellectual property objects and means of individualization equated to them in the legal regime. Exist three systems of legal protection:
- a registration system that applies to those objects in which the content element of creativity is put forward in the first place: inventions, utility models, industrial designs, trade names, trademarks, etc. Since this is not a unique result of creativity and it can be repeated, then for the emergence legal protection requires formalization. To consolidate the right to such objects, it is necessary to conduct an examination, issue a special act government agency(register), issue a title document (patent, certificate);
- creative system, which consists in the fact that the right to these objects arises by virtue of the very fact of their creation, giving an objective form, and legal protection- since its inception. This system applies to objects of copyright;
- a system of confidentiality, in which the basis for protection is the fact of keeping the object secret and protecting it from unlawful interference by third parties. Such a system is used, for example, to protect know-how. “Know-how” refers to technical, organizational or commercial information not protected by protection documents and not published (in whole or in part), which constitutes a production secret and the owner of which has the right to protection against illegal use this information by third parties.
The situation is more complicated with the legal regulation of the transfer, introduction of innovations to obtain a new or improved product, work, service. As already noted, there is no unified federal legislative act in this area yet. At the same time, there is a docking of the legal regulation of innovation activity with civil law because underway exclusive rights civil law relations moving into the commercial realm. Relations arising in connection with the creation and use of innovations in entrepreneurial activity are mediated by various agreements.
ECONOMY AND LAW
BULLETIN OF UDMURT UNIVERSITY
UDC 343.3 B.A. Kokanov
SOURCES OF LEGAL REGULATION OF INNOVATION ACTIVITIES
Innovative activity is developing at a rapid pace, but does not have proper legal regulation. The current situation on the regulation of innovation activity in the world and in the Russian Federation is analyzed.
Key words: innovation, innovation activity, intellectual property, small innovative enterprises.
Small business plays an important role in the development of the economy of many countries. In the countries of the European Community (EU), the USA and Japan, small and medium-sized enterprises account for about 50% of the total workforce. Their share in GDP exceeds 50%. As evidenced by foreign experience, small business in the innovation sphere is the first in terms of mass and the most dynamic structural component of the market innovation potential of industrialized countries.
In Eastern Europe, a sharp decline public funds allocated for scientific development has led to the creation of alternative research and innovation structures in the form of small state, cooperative, joint-stock and private enterprises. Such an innovative business system has great opportunities in the organization of production at the transitional stage. It contributes to the revival of entrepreneurial activity, the creation of additional jobs.
In the Czech Republic, for example, the program "Progressive Technologies for Small and Medium Enterprises" is being implemented, technology parks are being created in Hungary that unite scientists with entrepreneurs, and non-state funds have appeared in Bulgaria to support small innovative businesses. The German unification treaty provided for a special article on the creation of an all-German scientific and technical space, which made it possible to transform the innovative structures of the former GDR under the West German model.
In Germany, small and medium-sized firms account for a significant part of inventions and innovations, since they are more willing to introduce innovations and quickly implement innovations, including technological ones. In terms of financing, they have the highest share of R&D expenditures (6.1%). Small firms are closer to the end consumer, show greater flexibility and adaptability to market requirements, rebuild their production program faster, take into account growing demand as much as possible, and respond more quickly to structural changes in the economy. The state seeks not so much to protect small and medium-sized businesses as to create equal conditions for them to compete with large companies. Great importance is attached to strengthening the ties of small and medium-sized enterprises with science, to involve them in the work of state research centers. The German Ministry of Economics has developed the EuroFITNESS program, the task of which is to help small and medium-sized enterprises prepare for functioning in the conditions of the single internal market of the EU. Thus, innovation activity is stimulated, the scale of R&D is expanded, and the competitiveness of products is increased.
At the moment, in the world, one can trace the trend of active stimulation by the state of the implementation of innovative activities. In France, for example, projects have been developed to stimulate inventions and encourage innovators, where independent innovators are provided with an additional tax rebate of about 30-40%. The French insurance company has proposed two new types of contract for small and medium-sized firms, developed jointly by the French Patent Office and ANVAR (National Agency for the Use of Scientific Research). The first of these contracts provides for insurance against various types of risk arising from the implementation of innovations. The second - guarantees to persons who filed an application for a patent or received a patent, payment legal costs related to the legal protection of their rights in case of counterfeiting. In addition, in France, in accordance with the Law of December 23, 1985. No. 85-1376 scientific research and technological development
known as national priorities. Government funding and job creation are prioritized to continue basic research, promote scientific development in enterprises, and support innovative enterprises and technology transfer efforts to small and medium-sized enterprises.
Particular attention should be paid to the stimulation of activity to engage in innovative activities by the state in the United States through the adoption of numerous legislative acts. Since it is in this country since the 80s. Special attention is paid to the development of the innovation sector, since the innovation path, according to American representatives, is one of the most promising ways to support the economic positions of the state. The following US laws are examples:
The Small Business Innovation Development Act of 1982 (Public law 97-219) states that small business is the engine of economic growth. The law obliges federal agencies the US to allocate funds to small businesses for R&D;
The Bayh-Dole Act of 1980 (Public Law 96-517) granted universities, commercial organizations, and small businesses ownership of government-sponsored inventions;
The Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96-480) has played a significant role in creating a favorable environment for the development of mutually beneficial cooperation between the private and public sectors of the economy. This legislation gave broad powers to the US Department of Commerce to enhance the role of technological innovation for commercial and government purposes, and support their transfer.
Small US firms operating in the field of science complement traditional research and development complexes of industrial enterprises and universities, non-profit research organizations, government laboratories, and other target structures. According to American experts, at least 1/8 of small firms created annually in the United States specialize in the development, production and commercialization of new products and technologies. Administrative mechanisms provide for the distribution of funds in favor of small innovative firms. At present, the state in one form or another finances up to 1/3 of the costs of small firms for scientific and technical research and development.
Based on world practice, investment funds should be invested mainly in the capital of newly created small and medium-sized enterprises, which, as a rule, are focused on the development, commercialization and implementation of technologies for high-tech products. A good example of venture investments is foreign experience: for example, in the United States, most of the leading companies in the field of computer hardware and technology, such as Microsoft, Intel, Apple Computers, Sun Microsystems, were financed by venture funds at the stage of their inception. The conditions for the development of venture business in Russia are not the most favorable. The main reasons for this are, firstly, the stagnation in the domestic stock market, which forms the basis for the circulation of venture capital, and secondly, the lack of domestic investment resources and, as a result, difficulties in the formation of the Russian venture capital business.
In Russia, the legal basis for the innovation process is currently the legislation in the field of intellectual property. In accordance with paragraph "o" Art. 71 of the Constitution of the Russian Federation, the legal regulation of intellectual property is under the jurisdiction of the Russian Federation.
Special laws have been adopted that define the legal regime of inventions, utility models, industrial designs, computer programs and databases, topologies of integrated circuits, trademarks, service marks, appellations of origin.
In relation to scientific and scientific and technical activities, there are norms of legal regulation, which are enshrined in the Federal Law of August 23, 1996 No. 127-FZ “On Science and State Scientific and Technical Policy”.
Innovative relations are mainly regulated by international treaties and agreements (the Paris Convention for the Protection of Industrial Property, the Eurasian Patent Convention, etc.).
Sources of legal regulation of innovation activity ECONOMICS AND LAW
Relations arising in connection with the creation and use of innovations in entrepreneurial activity are mediated by various agreements.
The State Duma of the Russian Federation adopted a number of federal laws in the field of science and innovation: “On Patent Attorneys” dated December 30, 2008 No. 316-F3; “On Amendments to Certain Legislative Acts of the Russian Federation on the Creation of Budget Scientific and educational institutions business companies for the purpose of practical application (implementation) of the results of intellectual activity” dated August 2, 2009 No. 217-FZ; “On the National Research Center “Kurchatov Institute”” dated July 27, 2010 No. 220-FZ; “On the Skolkovo Innovation Center” dated September 28, 2010 No. 244-FZ.
All these documents provide the formation of the legal foundations for the implementation of scientific, scientific, technical and innovative activities by individual subjects (elements) of the innovation system. As noted earlier, special federal law regulating innovation activity in the country as a whole has not yet been adopted. At the same time, more than 50 constituent entities of the Russian Federation have adopted regional laws on innovation activities.
Despite this, special legislation in this area has yet to be developed, since the legal regime of some objects is formulated only in the form of general concepts by the norms of general legislation (company name, trade secret) or not defined by Russian legislation at all (discoveries, rationalization proposals).
task regional bodies authorities in such conditions will be the development of the necessary mechanisms that can attract commercial investment companies to invest in small businesses in the innovation sector (for example, with the help of partial guarantees, sharing certain types of risks inherent in the industry with the investor).
World experience shows that all countries with a developed market economy apply certain methods, means and forms of influence on entrepreneurial activity, from which we distinguish economic and organizational.
State and legal regulation is carried out within the framework of economic legislation through a system of normative acts established by it (laws, resolutions, decrees, etc.). State economic regulation involves the introduction into practice of a system of measures of economic and financial impact on the activities and development of entrepreneurship in order to establish optimal proportions in the national system of the economy, regulate the taxation system and financial and credit relations, create equal conditions for the implementation economic activity enterprises.
Every year the role of non-state support of small business is increasing. Non-state support for small businesses includes associations, unions, guilds, Russian agency small business support, leasing and franchising firms, business incubators, training centers, Insurance companies etc.
However, without state support and regulation, small businesses are not able to resist large and even medium-sized capital, to defend their economic and social interests. This is evidenced by the entire experience of the development of the world economy.
Small business forms the middle class in the country and contributes to the development of an innovative economy. Small businesses are able to quickly create new jobs, stimulate supply and demand, and reduce unemployment. At present, work has noticeably intensified on the formation of a regulatory legal framework for anti-crisis regulation and stimulation of small and medium-sized businesses.
Innovative activity in our country does not yet have proper legal regulation. At the federal level, there is no official document regulating innovation activity, despite the fact that such laws have been adopted in many regions. Currently, there are more than 400 normative acts of state power of the constituent entities of the Russian Federation, in one way or another using the concepts of "innovation", "innovation activity" and "innovation policy". Thus, there is a need to adopt a single legal act regulating this area.
2011. Issue. 4 ECONOMY AND LAW
BIBLIOGRAPHY
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (subject to amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 No. 7-FKZ) // Ros. gas. 2009. No. 7.
2. Mamedov A.A. Innovative activity in Russia: problems of legal regulation // Taxes. 2009. No. 5.
3. Todosiychuk A.V. Legal basis for the formation of an innovative economy // Management of innovations. 2011. No. 1.
4. URL: http://www.legifrance.gouv.fr/
5. URL: http://thomas.loc.gov/cgi-bin/bdquery/D?d096:2/temp/
6. URL: http://en.wikipedia.org/wiki/Bayh-Dole_Act
7. URL: http://www.csrees.usda.gov/about/offices/legis/techtran.html
Received 07.07.11
Sources of legal regulation of innovative activity
Nowadays, innovative activity develops very quickly but it does not have a proper legal regulation. The author aims to analyze a current situation on the regulation of innovative activity both in the world and in the Russian Federation.
Keywords: Innovation, innovative activity, intellectual property, the small innovative enterprises.
Kokanov Baurzhan Akhmetovich, postgraduate student Kokanov B.A., postgraduate student
FGBOU VPO "Astrakhan State University» Astrakhan state university
414041, Russia, Astrakhan, st. Vostochnaya st., 38 414041, Russia, Astrakhan, Vostochnaya st., 38
Practice Plans
According to innovation law
Topic 1.
Questions to the topic:
Theme 2
Legal regulation of scientific activity
Questions to the topic:
1. The concept of scientific activity.
2. Legislation on science and state scientific and technical policy.
3. Subjects of scientific activity.
4. Objects of scientific activity.
5. Rights and obligations of scientific workers.
The lesson is held in the form of a business game, during which:
1. Students are instructed to speak in a youth audience and reveal what is meant by scientific activity, followed by a discussion of the topic.
2. Listen and discuss 2-3 essays.
Prepare an essay on one of the following topics:
1. Legislation on science and science and technology policy.
2. Legal status of scientific organizations.
3. Objects of scientific activity.
test questions
1. What is the relationship between the concepts “Fundamental scientific research”, “scientific and technical result”, “scientific and technical products”, “Applied scientific research”?
2. In the process of performing scientific research, it was discovered that it was impossible to obtain the expected result. The customer paid the contractor 500 thousand rubles under the contract. What rights and obligations do the customer and the contractor have in this case, is it possible to compensate for losses and in what form?
5. Professor I.Yu. Yurin refused to continue scientific research and prepare his opinion on the topic scientific research due to the fact that the application of the results of these studies may harm the ecology of the region in which he lives. Is there any legal justification for such a refusal? List the rights and obligations of scientific workers.
Topic 3.
Innovation legislation
Questions to the topic:
1. Development of legislation on innovation activities.
2. Sources of innovation law.
3. Correlation of innovative legislation with the legislation on intellectual property.
4. Correlation of innovative legislation with the legislation on entrepreneurial and commercial activities.
The lesson is held in the form of an innovative game, during which the preparation procedures are staged, as well as the adoption of the Regulations on innovation activity in a particular business entity (Limited Liability Company, Limited Partnership, General Partnership) with an analysis of the current legislation on innovation activity and modeling of the ideal situation.
Tasks for self-study Topics:
Make a logical diagram of the knowledge base:
1. Preparation of the concept legislative support innovative activity.
2. Structure of the draft law on innovation activity.
3. Formation of certain provisions of the Law on innovation activity (the concept of innovation activity, the legal status of subjects, objects of innovation activity, responsibility in the innovation sphere, etc.).
test questions
1. How was the Concept of Innovation Policy of the Russian Federation developed for 1998-2000?
1. What do you know about the draft laws submitted for discussion by the bodies legislature relating to the legal regulation of innovation?
2. How do you assess the current state of ensuring the legislative regulation of innovation activity?
Topic 4.
Topic 5.
Theme 6
Theme 7
Theme 8
International and regional agreements related to the regulation of innovation activities
Questions to the topic:
1. Berne Convention for the Protection of Literary and works of art(1886). World (Geneva) Convention on copyright(1952).
2. Paris Convention for the Protection of Industrial Property (1883) Patent Cooperation Agreement (PCT).
3.Eurasian Patent Convention.
4. Significance of Russia's accession to the WTO. Agreement on Trade-Related Aspects of Intellectual Property (TRIPS).
During the lesson:
1. A discussion is held, with a discussion of the basic principles of international agreements on the protection of industrial property.
2. Listen and discuss 2-3 essays.
Tasks for independent study of the topic:
1. Prepare analysis international agreement TRIPS.
2. Prepare an abstract on one of the topics:
International agreements on industrial property.
The influence of international treaties on the patenting of Russian inventions abroad.
Modern development trends international relations in terms of legal regulation of innovation activity. Russia's entry into the WTO.
Russia's participation in the agreement on trade aspects of intellectual property
test questions
1. On what principles are international agreements on the protection of copyright based?
2. What is the significance of the convention priority for recognizing priority for the authors of inventions?
3.How is the registration of a patent under the PCT system carried out?
4. What are the design features security documents under the Eurasian Patent Convention?
5. What are the main provisions of the international agreement on the legal aspects of intellectual property (TRIPS)?
Practice Plans
According to innovation law
Topic 1.
Concept, subject and method of innovation law. Innovative activity.
Questions to the topic:
1. The concept, necessity and economic essence of innovative activity in society.
2. History and development of innovation doctrines.
3. The main stages in the development of innovation activity in Russia.
4. Concept, subject and method of innovation law. The place of innovation law in the system of law.
5. Norms of innovation law.
6. Innovative legal relationship.
7. The main stages of the innovation cycle.