Patent Law in Modern Russia

Abstract

The paper analyzes the problems associated with the development of patent law. The patent system development in Russia will make it possible to have a positive impact on economic growth and ensure a certain degree of autonomy in the economic sphere. The relevance of this problem is related to the rapid technological development of other countries. The author gives three main reasons for the weak development of the patent protection in the Russian Federation: intellectual migration, imperfect legal regulation in patent legislation and problems related to the legal protection of patents, in particular, the judicial protection of patent rights. The author analyzes the experience of foreign countries in solving the problem of human capital outflow and evaluates the possibility of applying various approaches to solving this problem in the Russian Federation. The author concludes that these approaches cannot be used in Russia to full extent at the moment. Therefore, a fundamental change in the economic situation in the state is necessary. The imperfection of legal regulation can be explained by relatively recent introduction of the law regulating patent law, as well as a small number of developed practices on this legislation. Thus, the author does not propose large-scale changes in legislation, but insists that adjustments in some areas of patent legislation are necessary. The problem of judicial protection of patent rights is also identified, which is associated with a heavy workload of courts due to a large number of cases, in connection with the author proposes to alter the mechanism of the pre-trial dispute settlement procedure.