Forming Strategies of Intellectual Property Development to Overcome Administrative Barriers
Abstract
The article reviews the issues related to development and implementation of national strategies (national programs) as strategic planning tools in the field of intellectual property in Russia. Various research methods were applied in the course of this study, including systems analysis, technical legal and comparative legal approaches. Drafting and implementation of a national strategic program is one of the main priorities in the process of removing legal hurdles that impede the development of intellectual property in Russia Our focus is on analyzing international best practice in drafting strategic plans; we pay particular attention to world's leading economies in terms of technology and innovation, such as China, the United States and Japan, as well as certain CIS countries. Apart from examining the strategies per se, the arrangements related to development, implementation, amending and monitoring pertaining to such strategies are also reviewed. The study indicates that despite the approaches to strategic plans development varying widely across jurisdictions, almost all of them succeed in facilitating innovation through institutional means. Prospects of drafting and implementation of such a strategy in Russia are also considered. The study reveals that existing drafts of strategic plans do not meet the challenge of defining a comprehensive policy, are created in an ad hoc manner, lack complexity and contain major contradictions. The study highlights the following administrative hurdles hindering the development of a national intellectual property strategy: departmental approach to development, lack of proper public debate, insufficient governmental focus on organizational arrangements.
References
Glazyev S.Yu. (2010) The strategy of accelerated development of Russia in context of the global crisis. Moscow: Economics, 255 p. (in Russian)
Gribanov D.V. (2011) Strategies and programs as specific legal documents in the field of innovative development. Rossiyskaya yustitsiya, no 11, pp. 20-23 (in Russian)
Kartashov V.N. (2016) Legislative strategy in the system of national development strategies. Gosudarstvennaya vlast i mestnoye samoupravlenie, no 7, pp. 42-45 (in Russian)
Kovryakova E.V. (2017) Basics of state strategy: constitutional and legal aspect. Lex Russica, no 1, pp. 50-61 (in Russian)
Leontiev B.B. (2015) State Intellectual Property Strategy in the Russian Federation. Pravovaya informatika, no 2, pp. 23-40 (in Russian)
Leontiev B.B., Erokhina I.V. (2015) Intellectual Property Strategy of Japan. Pravovaya informatika, no 1, pp. 20-31 (in Russian)
Leontiev V.B. (2015) U.S. Intellectual Property Strategy. Pravovaya informatika, no 1, pp. 32-41 (in Russian)
Malanych I.N. (2007) The institute of state strategy in constitutional law. Konstitutsionnoe I munitsipal'noe pravo, no 3, pp. 8-12 (in Russian)
Makhortova V.K. (2014) State Innovation Policy of Japan. Bulletin of the Altai Academy of Economics and Law, no 4, pp. 50-53 (in Russian)
Marshall A. (2019) Understanding copyright law. Berkeley: California Academic Press, 645 p.
Naryshkin S.E. et al (eds.) (2015) Concepts for the development of Russian legislation. Moscow: Norma, 544 p. (in Russian)
Neznamov A.V., Naumov V.B. (2018) Strategy for the regulation of robotics and cyberphysical systems. Zakon, no 2, pp. 69-89 (in Russian)
Nikchemnaya E.A. (2010) The concept of strategic planning in law. Aktualnye problemy rossiyskogo prava, no 3, pp. 40-42 (in Russian)
Ostrovsky A.V. (2015) Intellectual Property Strategy of China. Pravovaya informatika, no 1, pp. 49-56 (in Russian)
Proletenkova S.E., Bykov B.A. (2019) The economic security strategy of Russia up to 2030: analysis, efficiency, prospects. Administrativnoe pravo i process, no 8, pp. 36-49 (in Russian)
Sennikov N.L. (2008) On implementation of the Strategy for the Development of Intellectual Property in the Russian Federation for 2007-2012. Reklama i pravo, no 2, pp. 13-15 (in Russian)
Stepanenko Y.V. (2016) Prospects of administrative and legal regulation of science in the light of strategy of development for Russia. Administrativnoye pravo i process, no 9, pp. 5-12 (in Russian)
Strelnikov K.A. (2009) State legal strategy as a category of modern legal science. Gosudarstvennaya vlast i mestnoe samoupravlenie, no 8, pp. 3-4 (in Russian)
Tikhomirov Y.A. (2015) Business and government strategies. Zakony Rossii, no 9, pp. 5664 (in Russian)
Zakharov A.V., Leontiev B.B. (2012) The concept of the state strategy of intellectual property. Intellectualnya sobstvennost, no 3, pp. 14-21 (in Russian)
Zweigert K., Kötz X. (2000) Introduction to comparative law in the field of private law. Vol. I. Moscow: Miezhdunarodnye otnoshenia, 480 p. (in Russian)
Copyright (c) 2020 Law. Journal of the Higher School of Economics

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.













