THE INTELLECTUAL PROPERTY PROTECTION SYSTEM NEEDS BE REVIEWED

 It was stated by Deputy Heads of FAS Karina Taukenova and Timofey Nizhegorodtsev at a special round table within the framework of the XXIII Yasinskaya (April) International Scientific Conference on the problems of economic and social development.

The speakers, together with the scientific community and representatives of the largest Russian marketplaces, discussed how to balance the interests of copyright holders and users of intellectual property objects. First of all, it concerns parallel imports, antimonopoly immunities and compulsory licensing.

Karina Taukenova noted that the results of intellectual activity of copyright holders, on the one hand, form new markets and sectors of the economy, contribute to technological progress. At the same time, such results of intellectual activity can be used by copyright holders not only for the purposes of innovative development, but also for the purpose of monopolizing commodity markets and restricting competition.

The Deputy Head of the service stressed that every year the antimonopoly authorities record an increase in complaints about the actions of copyright holders restricting competition. But due to direct exceptions* cannot be suppressed by the norms of antimonopoly legislation.

The participants of the discussion noted that the protection of intellectual property in Russia is built much tougher than in other countries, and differs from the general world practice, therefore it needs to be revised. When making proposals for Russian legislation, the regulator proceeds from the experience of countries with developed economies. At the same time, it is important for the antimonopoly authority to maintain a balance of interests of all participants – copyright holders, businesses and consumers.

According to the regulator, the revision of articles 10 and 11 of the Law on Protection of Competition will eliminate the abuse of intellectual rights.

Timofey Nizhegorodtsev drew attention to the fact that in the conditions of external sanctions pressure, it is necessary to shift the focus from protecting the “absolute” interests of multinational corporations – rights holders to ensuring the priority needs of the domestic market.

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* according to part 4 of Article 10 of the Law on Protection of Competition, the requirements do not apply to actions for the exercise of exclusive rights to the results of intellectual activity and equated means of individualization of a legal entity, means of individualization of products, works or services.