IMPORTANT FACTS ABOUT INTELLECTUAL PROPERTY
In today’s world, where new technologies are actively developing, a flow of information seems endless. Now the necessity of copyright protection and protection of intellectual property rights in science and technology is an extremely urgent issue. Valentina Sinelnikova from Higher School of Economics, Doctor of Law, a specialist in the field of intellectual property and selective breeding results, explained what intellectual property is and how to protect it.
About Intellectual Property
“Any things created by a person can be considered the result of his creative activity, even if those are usual tables and chairs. However, those things are often of paramount importance to people as objects, not as their realized ideas. The value of intellectual property is, on the contrary, in the novelty of achievement, the originality of the result. First of all, the creative component is important here”, said Valentina Sinelnikova. Thus, intellectual property is the author's right to the result of his creative activity.
Intellectual property at the legislative level is being considered in close connection with proprietary rights, as the result of intellectual or creative labor acquires a material form. The necessity to use it appears. For example, in case the author writes poems published in books.
Today, the achievements of scientific and technological progress, on the one hand, have made life easier for humanity, and on the other hand, have served as the reason for the development of legislation in the field of intellectual property.
"New technologies make it possible to copy the results of a person's creative activity and use them for profit without letting the author know. For the author's work to be fairly valued, financially as well, it is necessary to protect your intellectual property", said Valentina Sinelnikova.
About Protection of Intellectual Property
Valentina Sinelnikova shared the most effective ways to prevent the results of your creative and intellectual work from being plagiarized. One of the hard and expensive ways is patenting.
“This process takes a long time. In order to obtain a patent for your invention or to have other patentable result, it is necessary for it to pass an examination proving the originality and uniqueness of this object”, she explained.
Another way to avoid plagiarism is the secret production.
"Approximately 70% of the products are now used in know-how mode, they are not patented and are not registered, but they are unique and bring profit, while producers manage to keep secret of the recipe or technology", said Valentina Sinelnikova.
A bright example here is the Coca-Cola Company, which for decades has been keeping a secret of the recipe of this popular drink.
The next way is called depositing. For example, when a plant selection breeder develops a new variety of a plant, it is important to keep a certain amount of its seeds as a model. Thus, breeders place them in certain long-term storage conditions (genetic pool). This is a traditional example of depositing. However, according to Valentina Sinelnikova, other methods of capturing the result obtained in the scientific and technical sphere have become available through innovative technologies. For example, 3D technologies allow recording achievements, including those in the biosphere, in such a way that it is impossible to change the model.
By the way, Valentina’s doctoral thesis is devoted to selection.
“Then, in the 90s, the selective breeding results were considered equivalent to technical solutions, since there was no special law that qualified selective breeding achievements as independent results of human intellectual activity. Some authors, including me, argued for the necessity and relevance of such a law. Finally, our initiative was seen by the legislator. In 1993, the Law On Selective Achievements of the Russian Federation came into force, and with the adoption of part four of the Civil Code of the Russian Federation the norms of this document became the basis for Chapter 73 devoted specifically to selection achievements", she said.
Today, Valentina's range of professional interests has expanded. She is now interested in legal regulation of not only plant and animal species, but also of other elements of wildlife.
"In my works, I consider the feasibility of introducing a new chapter in the Civil Code of the Russian Federation. This chapter should establish a legal regime for biological objects obtained as a result of the intellectual activity of man with elements of wildlife, such as strains of microorganisms, tissues and human cells. Similar studies are conducted not only by physicians and biologists, but also by lawyers. Thus, last year the Federal Law on Biomedical Cell Products was adopted. It concerned a completely new direction, the creation of medicaments using human tissues and cells”, said Valentina Sinelnikova.
She is sure that this is the beginning of a new era in medicine, which should have a properly developed legal platform.
According to Valentina Sinelnikova, currently the legislation in the field of intellectual property is actively developing.
"The volume of information on innovation achievements can be compared with the snow avalanche. It is necessary not only to process information, but also to protect the rights to its innovation. The system of legislation almost always lags behind the development of society, because legal norms are formed on the basis of needs”, she said.
That is why now the legislator must respond to the challenges of the society. For example, to strengthen the protection of intellectual rights, to adopt the so-called anti-piracy laws, to create a legal system capable not only to extinguish patent wars, but also to remove legal gaps, that contribute to destabilization of the market.
About the Role of Women in Jurisprudence
According to Valentina Sinelnikova, many women lawyers are engaged in issues of family and civil law. And such interest is natural for them. First of all, women are those who continue the family, the keepers of the home, the creators of peace and harmony on the whole planet.
In addition, men approach work objectively, only as professionals, and women often consider psychological aspects. They sincerely sympathize and try to help", she said.
By the way, it is not accidental that the goddess of justice Themis is also a woman.
“Her eyes are closed because she feels in her heart who is standing in front of her and what to expect from him. It is this information that helps her to make the right decision, not the appearance and facial expressions”, said Valentina Sinelnikova.
Viktoria Yezhova, news agency of the Eurasian Women's Community
Translated by Nikolay Gavrilov