Efficiency of Legal Protection for Intellectual Property Rights: Administrative Barriers

Abstract

The aim for elimination of administrative burdens in order to develop science andtechnology, to increase the efficiency of legal regulations in intellectual property sphereis imposed in leading documents for transformation and modernization of the Russianeconomy. 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 formupthe ways of its overruling on order to develop the intellectual property sphere, todetermine the functions and structure of the administrative bodies, to expose legaland regulative gaps as a fundamental guideline for optimization of the scientific andtechnologic development. Methods used are: dialectical and formal logic, functional andother general scholar methods; specific research methods, in particular legal dogmaticmethod, were applied too. The results include characteristics of administrative burdens,the meaning is defined narrowly and generally; the ways of overruling are determined atdifferent levels: strategic, scheduled and current. The main aims and purposes for betterstatutory administration of the IP sphere are proposed. Conclusions: the paper revealedthat the strategic aims and principles are not settled down in major documents for currentregulations. The absence of the main, single administrative body — “megauthority” — inthe intellectual property sphere leads to the decrease in the governmental regulationsand to uprising of the burdens for the science and technical development. At the levelof particular administrative burdens, some blocking legal mechanisms for registration ofintellectual property rights and their protection have been identified, in particular in thefield of pharmacology.