Шахназаров Б.А. Правовое регулирование передачи прав на объекты промышленной собственности в международном частном праве (терминологические аспекты)

Аннотация: This article states legal regulation of transfer of rights to the industrial property objects in international private law. This question is analyzed focusing on the impact of the international treaty, regional documents and also new Russian civil legislation (In particular, part IV of the Civil code, came into effect since 1 January 2008). Notes how to identify the law applicable to the international transfer of know-how and what is determined by the applicable law. The questions of conflicts of law are therefore analyzed. In this article is also analyzed the term “transfer,” like a different method. As for industrial property objects, and if be more precise, – the transfer’s objects the author concludes, that these are rights in relation to competitiveness in the industry and are classified into patents, utility models, designs, trademarks and now-deceased objects such as know-how, computer software. Empirical evidence on the role of IP protection and well-formed transfer in promoting innovation and growth in general remains limited and inconclusive. Conflicting views also persist on the impacts of IPRs in the development prospects. Some point out that, in a modern economy, the minimum standards laid down in TRIPS, Paris convention for the protection of industrial property and in other international documents will bring benefits to developing countries by creating the incentive structure necessary for knowledge generation and diffusion, technology transfer and private investment flows. But there are only declarative formulation. Intellectual property rights (IPRs) have never been more economically and politically important or controversial than they are today. Patents, copyrights, trademarks, industrial designs, integrated circuits and geographical indications are frequently mentioned in discussions and debates on such diverse topics as public health, food security, education, trade, industrial policy, traditional knowledge, biodiversity, biotechnology, the Internet, the entertainment and media industries. In a knowledge-based economy, there is no doubt that an understanding of IPRs is indispensable to informed policy making in all areas of human development. It is to address some of these questions that the joint UNCTAD-ICTSD Project on Intellectual Property and Sustainable Development was launched in July 2001. One central objective has been to facilitate the emergence of a critical mass of well-informed stakeholders in developing countries – including decision makers, negotiators but also the private sector and civil society – who will be able to define their own sustainable human development objectives in the field of IPRs and effectively advance them at the national and international levels.

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Abstract: This article states legal regulation of transfer of rights to the industrial property objects in international private law. This question is analyzed focusing on the impact of the international treaty, regional documents and also new Russian civil legislation (In particular, part IV of the Civil code, came into effect since 1 January 2008). Notes how to identify the law applicable to the international transfer of know-how and what is determined by the applicable law. The questions of conflicts of law are therefore analyzed. In this article is also analyzed the term “transfer,” like a different method. As for industrial property objects, and if be more precise, – the transfer’s objects the author concludes, that these are rights in relation to competitiveness in the industry and are classified into patents, utility models, designs, trademarks and now-deceased objects such as know-how, computer software. Empirical evidence on the role of IP protection and well-formed transfer in promoting innovation and growth in general remains limited and inconclusive. Conflicting views also persist on the impacts of IPRs in the development prospects. Some point out that, in a modern economy, the minimum standards laid down in TRIPS, Paris convention for the protection of industrial property and in other international documents will bring benefits to developing countries by creating the incentive structure necessary for knowledge generation and diffusion, technology transfer and private investment flows. But there are only declarative formulation. Intellectual property rights (IPRs) have never been more economically and politically important or controversial than they are today. Patents, copyrights, trademarks, industrial designs, integrated circuits and geographical indications are frequently mentioned in discussions and debates on such diverse topics as public health, food security, education, trade, industrial policy, traditional knowledge, biodiversity, biotechnology, the Internet, the entertainment and media industries. In a knowledge-based economy, there is no doubt that an understanding of IPRs is indispensable to informed policy making in all areas of human development. It is to address some of these questions that the joint UNCTAD-ICTSD Project on Intellectual Property and Sustainable Development was launched in July 2001. One central objective has been to facilitate the emergence of a critical mass of well-informed stakeholders in developing countries – including decision makers, negotiators but also the private sector and civil society – who will be able to define their own sustainable human development objectives in the field of IPRs and effectively advance them at the national and international levels.

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