P r o c e d i a S o c i a l a n d B e h a v i o r a l S c i e n c e s 8 1 ( 2 0 1 3 ) 3 2 9 – 3 3 3
18770428 © 2013 The Authors Published by Elsevier Ltd Open access under CC BYNCND license
Selection and peer review under the responsibility of Prof Dr Andreea Iluzia Iacob
doi 101016jsbspro201306437
1st World Congress of Administrative & Political Sciences (ADPOL2012)
The Problems of Legal Regulation and Protection of Intellectual
Property
Zhanna Mingaleva a * Irina Mirskikh b
aPerm National Research Polytechnic University 29 Komsomolsky Av Perm 614000 Russia
b Perm State University 15 Bukireva street Perm 614990 Russia
Abstract
The development of economy depends on the success of innovation activities And in order to guarantee the success of
innovation activities it is important to improve the system of intellectual property rights protection and the creation of inventions
promotion mechanism The main aim of the paper is to analyze the problems of legal regulation and protection of intellectual
propertyThe research is based on interdisciplinary method of analyses in economic and law spheres The authors reveal the main
factors that influence upon the system of intellectual property rights protection including innovation activities
Selection and peer review under the responsibility of Prof Dr Andreea Iluzia Iacob
Keywords Innovation Activities Legal Regulation of Intellectual Property System of Intellectual Property Rights Protection
1 Introduction
The accurate and reliable fixation and protection of the intellectual property rights are very important for social
and economic development of the countries
Intellectual property rights protect innovations and creations and reward innovative and creative activity
Intellectual property rights are international in character and in that respect they fit in rather well with the economic
reality of the global economy (Holyoak & Torremans 1998)
The level of intellectual property rights protection reflects the level of social cultural and economic development
of the country
Mass media more than once has mentioned that the existing innovational system in Russia does not correspond to
the requirements of the effective national intellectual property commercialization using the latest foreign
technologies attracting investments for financing innovational programs first of all in basic and defense industries
and does not serve the purpose of Russian economy revival (Mingaleva & Mirskikh 2010)
* Corresponding authors Zhanna Mingaleva Tel +79028335559
Email address mingal1@psuru
Irina Mirskikh Tel +79523291365
Email address gloriaday@mailru
Available online at wwwsciencedirectcom
© 2013 The Authors Published by Elsevier Ltd Open access under CC BYNCND license
Selection and peer review under the responsibility of Prof Dr Andreea Iluzia Iacob
330 Zhanna Mingaleva and Irina Mirskikh Procedia Social and Behavioral Sciences 81 ( 2013 ) 329 – 333
Russian scientists create breakthrough technologies which are able not only to provide the needs of the country
but also to create prerequisites for entering he external market of new kinds of competitive products and
technologies This can reduce the dependence on the export of raw energy resources but scientists have to sell
technologies to foreign companies due to the lack of innovational system that can establish conditions for financing
the process of technologies implementing
Unfortunately the legal regulation and intellectual property rights protection in Russia does not correspond to the
requirements of successful economic development This situation causes a lot of problems for the development of
innovation activity
2 Theoretical background
21 Innovation and intellectual property
According to Rogers Innovation is an idea practice or object perceived as new by an individual or other unit of
adoption The diffusion
(Rogers 1996)
One of the negative tendencies of contemporary innovation development of Russian economy is a weak use of
hightech products and technologies in economics activities
Federal government tries to stimulate innovation activity and creates special ecomomic programs
Innovations to a considerable degree depend on intellectual activity of several categories and groups of people as
well as on their intentions and opportunities to implement the results of their scientific and creative activity in
business and industry
Intellectual property differs from other commodities because it can bring in return only being effectively
protected by the state and the society Only sufficient legal protecting can prevent free uncontrolled use of
intellectual property
In the United States intellectual property is regarded as a form of personal property bringing with it the right to
own sell use or market as the owner sees fit
In Russia intellectual property is regarded as something intangible a result of intellectual activity (creations
inventions knowhow etc)
Intellectual property rights are property rights in something intangible
may be called the metaphysics of the law where the distinctions are or at least may be very subtle and refined and
sometimes almost evanes
Intellectual property is the result of intellectual creative activity and that is why it is closely connected with a
person of the author Only the creator has copyright moral rights and exclusive rights
the exclusive right to make copies license and otherwise exploit a literary musical or artistic
work whether printed audio or visual By Civil Code of Russia copyrights are protected for the lifetime of the
author or creator and for a period of 70 years after his death
or a process for 20 years (Burnham 2006)
Moral rights protect the author against unfair use of his or her work
Moral rights are recognized in civil law as rights of creators and include the right of attribution the right to have
a work published anonymously or pseudonymously and the right to the integrity of the work
22 Legal regulation of intellectual property rights in Russia
Before 2008 intellectual property in Russia was regulated by a number of separate laws the Patent Law the Law
on Copyright The Law on Trademarks The Law on Commercial Secrets and others The legal norms of these acts
equirements on market economy
331 Zhanna Mingaleva and Irina Mirskikh Procedia Social and Behavioral Sciences 81 ( 2013 ) 329 – 333
This caused a lot of problems in judicial practice

a first attempt of codification in intellectual property sphere in Russia
Part 4 of the Civil Code of Russian Federation introduced in 2008 allowed to systematize the federal legislation
on intellectual property All legal norms regulating the relations in the sphere of intellectual property and a number
of related norms are included now in the Civil Code of Russia Some new legal norms appeared
Introduction of the Part IV of the Civil Code of the Russian Federation has completed codification of the civil
legislation of Russia Introduction of the Part IV of the Civil Code of the Russian Federation allowed to systematize
the legal regulation of all objects of intellectual property
In the Part IV of the Civil Code of the Russian Federation subjective intellectual property rights for the results of
intellectual activity and the means of individualization (for intellectual property) are recognized as exclusive ones
The main problem of the Russian Civil Code (part IV) is that many rules (norms of Law) contradict the norms of
International Intellectual property Law (ie protection of inventions creations ideas knowhow trade secrets
innovations) Legal norms regulating patent applications are very complicated
Inventors prefer not to take out a patent for inventions because it is a very difficult procedure it takes a lot of
how confidential
information An idea is the main element of any object of Intellectual property (creation invention innovation
knowhow etc) But ideas are not protected by Civil Code of Russian Federation
3 The methodology
The primary method of research is the panel survey of entrepreneurs inventors creators engaged in innovation
activity and patent agents
By means of panel survey different problems of intellectual property protection were revealed
The questionnaire of panel survey was conducted in April 2010 among the different social groups connected
with creating and using of intellectual property in Perm Kray (Perm region)
The aim of the panel survey was the identification of the main problems in intellectual property protection
Moreover its dependence on legal regulation bureaucracy financing information security and etc was analyzed
There have been identified the main reasons of weak innovation activity Through the panel survey questionnaires
were spread among entrepreneurs inventors and creators engaged in innovation and among patent agents
Panel surveys were conducted among 25 patent agents and 143 entrepreneurs and 56 inventors and creators (see
Table 1)
Table 1 The assessment of legal environment of innovation and intellectual activities in
Answers Patent agents Entrepreneurs Inventors and
Creators
Ineffective legal regulation and dual interpretation of legal norms 577 553 602
Lack of competent specialists 310 271 367
Bureaucracy and administrative barriers 244 355 490
Ineffective legal protecting of intellectual property rights 220 282 364
Absence of intellectual property market 101 251 142
Lack of financing 83 52 163
Weak information security 42 106 146
Subjectiveness disregard of law 18 127 12
12 295 278
Others 125 35 74

The data was obtained through a survey with respondents from each group engaged in innovation activity The
interview followed a script composed by the following items
The development of Russian legal regulation in the sphere of intellectual property rights protection
The main problems of innovation activities
Suggestions for improvement of legal regulation
332 Zhanna Mingaleva and Irina Mirskikh Procedia Social and Behavioral Sciences 81 ( 2013 ) 329 – 333
Table 1 represents the results of panel survey The questionnaire was spread among 1) entrepreneurs who use

4 The results and findings
The panel survey took place in 2010
In 2008 part 4 of the Civil Code of Russia dedicated to legal regulation of intellectual property rights came in to
force
Table 1 shows that the majority of the respondents (more than 50) consider inadequate legal regulation of
intellectual property to be the main problem of innovation and intellectual activity
So introducti
Negative attitude of respondents to the existing legal regulation in this sphere correspond to the opinion that
implementation of laws is rather subjunctive and arbitrary This indicates that contemporary legal regulation of
intellectual property is far from being perfect and requires improvement
Moreover in 2010 the majority of respondents pointed down the necessity to create a special Law on innovation
activity adequate to the requirements of free economy
The analyses of Russian legislation development in the sphere of intellectual property rights protection made it
possible to reveal serious problems caused by the dependence of innovation activity on the level of intellectual
property rights protection in Russia and other countries
Among the other shortcomings of Russian legislation the respondents mentioned the following weak legal
regulation of several kinds of intellectual property (knowhow trademarks ideas) lack of by law acts regulating the
registration of applications and documentation on intellectual property and its translation into foreign languages
dual interpretation of Civil Code norms weak correlation between theory and practice
Bureaucracy and administrative barriers were marked out by inventors and entrepreneurs as another very
important reason of low innovation and intellectual activities At the same time only 244 of patent agents
mentioned bureaucracy as a serious problem
Different assessment of bureaucracy level can be explained by the different role of respondents in innovation
activity (process) and by different understanding of bureaucracy
On the one hand 25 of patent agents were unsatisfied by of patent applications (administrative barriers) On the
other hand inventors often regarded patent agents who rejected to help them in preparing of patent application as a
kind of bureaucracy and administrative barriers
Entrepreneurs in their turn referred the state refusal to guarantee the innovation projects to administrative
barriers
Patent agent (31) entrepreneurs (271) inventors (367) pointed down the problem of lack of competent
specialists in the intellectual property sphere But they meant different kinds of specialists Thus entrepreneurs and
inventors mentioned low professional level of patent agents as specialists lack of their knowledge and practical
experience
251 of entrepreneurs consider the lack of demand for domestic inventions and the absence of intellectual
property market to be a very serious problem in intellectual property sphere At the same time only 101 of patent
agents and 142 of inventors mentioned this reason This can be explained by the different role of respondents in
innovation process This problem is closely connected with the problem of unsatisfactory legal protection of
intellectual property
Entrepreneurs consider the absence of inventions promotion mechanism to be the reason of lack of demand for
domestic inventions
Among the problems of information security in intellectual property sphere the majority of respondents pointed
down the difficulty in search of information about inventions and trade marks from foreign countries The
respondents revealed some more shortcomings of legal regulation such as unsatisfactory protection of some kinds
of intellectual property dual interpretation of legal norms weak regulation of technical documentation on
intellectual property
333 Zhanna Mingaleva and Irina Mirskikh Procedia Social and Behavioral Sciences 81 ( 2013 ) 329 – 333
Patent agents mentioned also the problem of equal access to the databases of Rospatent (information about
patents and inventors) absence of detailed recommendations for patent applications etc
Among the other problems the respondents mentioned lack of funding (inventors and researchers) weak
information security (inventors) subjectiveness disregard of law and low level of responsibility shortcomings in
activity of Patent Agency (Rospatent) ineffective judicial system
Ineffective protection of intellectual property becomes a very serious problem too Respondents mentioned

Part 4 of the Civil Code came into force in 2008 Judicial practice in the sphere if intellectual property protection
is not formed yet
trials Only 52 of entrepreneurs and 39 of inventors are satisfied by the state of legal regulation and protection
of intellectual property
5 Conclusions
New Civil Code of Russia (part 4) did not solve the problems of legal regulation and protection of intellectual
property Many legal norms contradict the norms of International Intellectual property Law Judicial practice in the
sphere if intellectual property protection is not formed yet
The most serious shortcomings of legal regulation of intellectual property are unsatisfactory protection of some
kinds of intellectual property dual interpretation of legal norms weak regulation of technical documentation on
intellectual property
Innovation activity suffers from lack of funding weak information security subjectiveness disregard of law and
low level of responsibility shortcomings in activity of Patent Agency (Rospatent)
It is very important to improve the existing legal regulation and protection of intellectual property in Russia
taking into account the requirements and needs of the developing market economy
Acknowledgements
This paper is based on the results of the research made by Irina Mirskikh (as a team leader) and Zhanna
1003
646622011)
References
Burnham W (2006) Introduction to the Law and Legal System of the United States (4th Ed) Thompson West
Folsom v Marsh (1841)
Holyoak J & Torremans P (1998) Intellectual Property Law (2nd ed)London Edinburg Dublin Butterworths
Mingaleva Zh & Mirskikh I (2010) The Problems of Legal Regulation of Intellectual Property Rights in Innovation Activities in Russia
(Institutional approach) International Journal of Human and Social Science5 (1) 5669
Rogers E M (2003) Diffusion of innovations (5th ed) New York NY Free Press


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