«Международный Форум «Инновационное развитие через рынок интеллектуальной собственности» Москва – 2010 1 ...»
3.4. Создать механизмы общественного контроля за формированием и распределением бюджетных средств на НИОКР в целях преодоления правового нигилизма, снижения уровня коррупции в национальных ведомствах и повышения эффективности научных исследований и инновационной мотивации всех участников и гражданского общества.
FINAL DOCUMENT – Recommendations of the participants of the International Forum «Innovative development through the market of intellectual property»
The participants of the International Forum «Innovative development through the market of intellectual property» which was held in the Year of science and innovations in the CIS as part of International Days of the intellectual property under the aegis of the UN 23 April 2010 in the International University in Moscow (www.rniiis.ru) and which gathered more than 200 representatives from international organizations (UNESCO, EU, CIS, EurAsEC), heads and representatives of state bodies, science and business, universities and NGOs, mass-media from 17 countries, having discussed problems of the innovative development in respect of national and international experience of overcoming the crisis, problems and conditions of the transition to innovative economy through the formation of civilized market of intellectual property, including with international cooperation, motivation for innovative behavior of citizens and unification of government, scientific and business efforts, considering priorities declared in CIS Economic Development Strategy until 2020, sharing conclusion of the President of the Russian Federation Dmitry A.
Medvedev about priorities of technological modernization and necessity of the formation and development of the intellectual property market as key condition for establishing innovative economy, note:
1. The transition to innovative development path, providing principally different quality of life and safe development is an essential direction for development in the majority of countries in the world. The quality of life thereby appears as a priority for national security, as an integrative indicator that determines the balance of interests between an individual, society and state on national, regional and international levels. There is a direct correlation between the improvement of quality of life and the use of resources for innovative development;
elaboration and adoption of the system of key national indicators where providing of national security is linked to improving the quality of life and to strategic goals and priorities for global, regional and national development, are necessary.
2. In terms of the realization of innovative strategy for transition from the export of raw materials for export of innovative technologies and copyrights to them the formation, capitalization and management of intangible assets are, in fact, strategic innovative resource. Successful foreign experience of the transition for innovative economy (Japan, USA, European countries, China) suggests that the formation of intellectual property market, development of innovative system and training of innovative manpower are basic conditions for this transition. The principal object of market in the innovative economy along with traditional goods, works and services is the intellectual property as a base for intangible assets of principal subjects of market (enterprises, corporations, organizations, institutions and treasury). In terms when globalization develops rapidly and information society is constructing, the necessity to use common internationally-recognized approaches and standards for the creation, accounting and using intellectual activity results, legal protection, commercialization and protection the rights on them arises.
3. Within the CIS a great attention is attached to intellectual property field.
Thereby states-participants of the CIS established special bodies, responsible for coordinating activities on innovative cooperation fields:
Interstate Coordination Council for Scientific and Technical Information (ICCSTI), International Center (ICSTI), Interstate Coordination Council of CIS Heads of Science and Innovation, Interstate Council for Industrial Property Protection Issues (ICIPP), Interstate Council for Antimonopoly Policy, Interstate Council for standardization, metrology and certification, Council for Cultural Cooperation (CCC), Joint Working Commission of the states-participants of the Agreement on cooperation to suppress intellectual property violations.
4. IACIS, including the initiative of Russia, adopted four model laws on innovative development: «On innovative and investment infrastructure», «On the realization of rights of the state to intellectual property objects in the field of science and technologies», «On free economic zones» and «On innovative activities». While the model law «On innovative activities» clearly states that it serves as a base to clarify concepts and provisions, to harmonize national legislation and to provide regulatory support for innovative activities in the CIS states and to elaborate for the CIS states special legislative and regulatory acts, governing the relationship in the field of intellectual property. However CIS model legislation is still unclaimed in the national legislation, although the legislation of many CIS countries in this field is still contradictory, declarative, requires the further unification and harmonization.
To enhance coordination and interaction between all concerned parties and to provide conditions for the transition to innovative economy through the formation of the civilized market of intellectual property, for the decision of problems mentioned above, including via international cooperation, and to spur innovative activities, in respect of the discussion, the participants of the International Forum «Innovative development through the market of intellectual property» adopt unanimously following decisions:
1. Considering the establishment of the International Association of intellectual property institutions (Kazakhstan, Russia, Ukraine) and the assistance, promised by IACIS to grant to present International Forum the status of a permanent advisory body for issues of intellectual property and innovations in the CIS, to assist Organizing Committee and Direction of the Forum in the accreditation of mentioned International Association and International Forum at the CIS Economic Council and Executive Committee.
To hold 23 April 2011 in Moscow regular International Forum «Innovative 2.
development through the market of intellectual property».
3. To approve the text of final document of the Forum in respect of comments and propositions received and to charge Organizing Committee in sending following recommendations to concerned international organizations, interstate CIS bodies, national parliaments and governments of the CIS countries:
1. On the development of rule-making:
1.1. To support the initiative of Federation Council of Russia on an annual monitoring of the activities of public authorities, corporations and regions to form national market of intellectual property, to prepare on this base and to publish in collaboration with NSRIIP an annual state report «State of right protection and intellectual property defense in the Russian Federation». To appeal CIS Economic Council and Executive Committee to consider the possibility of a similar monitoring in the CIS countries, of the preparation and publishing according to its results a report «State of right protection and intellectual property defense in the CIS».
1.2. CIS Interparliamentary Assembly shall elaborate and adopt required model laws including «On intangible assets», «On the turnover of intellectual property rights in military, special and dual technologies», «On venture investment in the innovative activity» to harmonize legislative framework, to entrench a unified and harmonized with international practice rules and measures of innovative development.
2. On the improvement of law enforcement:
2.1. To establish institutional mechanisms of innovative development, providing coordination of this activity all over the CIS and acting via the authorized innovation centers in the CIS countries, based on existing infrastructure.
2.2. To recognize appropriate taking into consideration the experience of innovative activity of the CIS countries, to use possibilities of their national structures for the development of the CIS innovation space. To consider advantages of centralized intellectual property management system at the national level (by the example of Republic of Kazakhstan), at sectorial level (by the example of Ministry of Public Health and Social Development of Russia), at regional level (by the example of Tomsk region and SEZ of Magadan region), in the university and in the technology park (by the example of Grand Eurasian university complex and Irkutsk State Technical University).
2.3. To use the advantages of innovative energy-saving technologies in the construction and in the implementation of national projects according to national legislation and national strategies for innovative development after providing the compulsory compliance by customers rights and legal interests of right holders for such technologies based on license agreements concluded with them.
2.4. To approve the initiative by the Rosstandart to establish national technical committee on standardization «Intellectual property» (TC-481) with the secretariat on the basis of the National Scientific Research Institute of Intellectual Property (Russia). To consider at a session of the Interstate Council for Industrial Property Protection the initiative of the International Union of Producers and national associations of producers of the CIS countries to establish an international technical committee on standardization «Intellectual property and innovations».
2.5. To intensify efforts of the supervisory, law enforcement and judiciary bodies to protect the rights and interests of right holders and to enhance transparency of budget allocation for research as well as to provide effective state protection of right holders in the field of inventions, utility models and secrets of production (know-how).
2.6. To start a specialization for supervisory bodies officers and law enforcement officers as well as a specialization for intellectual property protection courts.
3. On legal conscience development:
3.1. To provide a regular media coverage of issues of innovative development to enhance innovative activities of citizens, society and the state, general legal education of citizens, consolidation of developed legal culture in the field of intellectual property.
3.2. Having recognizing the importance to compile and analyze information about the advanced experience of the formation of intellectual property market, to develop innovative infrastructure and the training of innovative manpower, at the same time to consider being urgent the collection and generalization of the information about administrative barriers for innovative development, about risks of corruption, their causes and remedial measures.
3.3. To provide an organizational and financial support for professional staffing ensuring the implementation of the CIS Economical development strategy relating the innovative development, particularly:
- to generalize the experience of training national innovative manpower in the CIS countries to take it into consideration while preparing and implementing Interstate purpose-oriented program of the innovative cooperation between CIS countries until 2020;
- having considering the experience of elaboration and implementation educational standards in the European Union, in selected CIS countries, including Ukraine, to provide adoption and implantation of unified educational standards with specializations «Intellectual property management», «Economics of intellectual property» and «Intellectual property right»;
- to consider forming interstate, public and corporative order for training innovative manpower and its placement on the basis of leading universities in the CIS countries in respect of existing experience, availability of structures, educational and methodological literature.
3.4. To establish mechanisms of social control of the formation and budget allocation for Research and Advanced Development to overcome legal nihilism, to reduce corruption in national departments and to improve efficiency of research and innovative motivation of all participants and of the civil society.