Efficiency of Legal Protection for Intellectual Property Rights: Administrative Barriers

Abstract

The aim for elimination of administrative burdens in order to develop science and technology, to increase the efficiency of legal regulations in intellectual property sphere is imposed in leading documents for transformation and modernization of the Russian economy. In this case analysis of different elements of the governmental regulations, difficulties signification for its proper administrating are of a significant importance. The purpose of the research is to determine what an administrative burden is to form-up the ways of its overruling on order to develop the intellectual property sphere, to determine the functions and structure of the administrative bodies, to expose legal and regulative gaps as a fundamental guideline for optimization of the scientific and technologic development. Methods used are: dialectical and formal logic, functional and other general scholar methods; specific research methods, in particular legal dogmatic method, were applied too. The results include characteristics of administrative burdens, the meaning is defined narrowly and generally; the ways of overruling are determined at different levels: strategic, scheduled and current. The main aims and purposes for better statutory administration of the IP sphere are proposed. Conclusions: the paper revealed that the strategic aims and principles are not settled down in major documents for current regulations. The absence of the main, single administrative body — “megauthority” — in the intellectual property sphere leads to the decrease in the governmental regulations and to uprising of the burdens for the science and technical development. At the level of particular administrative burdens, some blocking legal mechanisms for registration of intellectual property rights and their protection have been identified, in particular in the field of pharmacology.