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Innovation management. Patent and licensing activities of an innovative organization (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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53. PATENT AND LICENSING ACTIVITY OF AN INNOVATION ORGANIZATION

The right to intellectual property is defined in the III International Covenant on Economic, Social and Cultural Rights. Our state, in order to ensure domestic priority for inventions, joined the Paris Convention on July 1, 1965.

Registration of the right to a new invention is carried out by obtaining a patent.

A patent is a document that certifies authorship and grants its owner the exclusive right to an invention. In essence, it is the title of the owner of the invention and is supported by the registration of a trademark. Its validity lasts for 20 years from the date of receipt of the application by Rospatent.

In Russia, all issues of patent protection are regulated by the Federal Service for Intellectual Property and Patents (Rospatent), which, in accordance with the fourth section of the Civil Code of the Russian Federation, implements a unified policy in the field of protection of property objects, accepts applications for consideration, etc.

Licensing is one of the main forms of technology trade. A license is a permission to use an invention protected by a patent, a trademark, etc. The grant of a license is a purchase (sale) operation between the owner of the patent (licensor) and the counterparty (licensee) of a certain right to a patent.

License agreements are divided into:

1) independent - provide that technologies are transferred regardless of the place and conditions of their future use;

2) related - simultaneously with the transfer of the license, a contract for construction and supply of equipment is concluded. The seller is remunerated for granting the right to use the license agreement through royalties, which can be paid either as periodic deductions from the buyer's income during the period of the agreement (royalty) or as a lump sum payment based on expert judgment (lump sum). Various combinations of the above payment methods are possible.

Based on the nature and scope of rights to use, licenses are divided into the following types:

1) patent (the rights to use a patent are transferred without the corresponding know-how);

2) patentless (the rights to use innovations in various fields of activity are transferred);

3) simple (the licensee and the licensor have the right to use the patent);

4) exclusive (exclusive use of a patent by a licensee);

5) full (the licensee uses the patent alone during the period specified in the contract).

Authors: Evgrafova I.Yu., Krasnikova E.O.

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