Some Problems of Patent Law Development in the Russian Federation

The paper presents and analyzes the problems associated with the development of patent law. The development of the patent system in Russia will have a positive impact on economic growth and will provide a certain autonomy in the economic sphere. The urgency of this problem is associated with the rapid technological development of other states. The author gives three main reasons for the weak development of the patent sphere in the Russian Federation: intellectual migration, imperfection of the legal regulation of patent legislation and problems associated with the legal protection of a patent, in particular, with the judicial protection of patent rights. The author analyzes the experience of foreign countries in solving the problem of human capital out-flow and assesses the possibility of using various approaches in solving this problem in the Russian Federation. The author concludes that these approaches cannot be fully used in Russia at the moment. Therefore, a radical change in the economic situation in the state is necessary. Imperfect legal regulation is associated with the relatively recent introduction of the law regulating patent law, as well as with a small amount of developed practice under this legislation. Therefore, the author does not propose large-scale changes in the legislation, but adjustments in some areas of patent law are necessary. The problem of judicial protection of patent rights associated with the large workload of courts due to the large number of cases is also indicated. Thus, as one of the possible solutions to the problem the author proposes to change the mechanism of pre-trial settlement of disputes.

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