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INTELLECTUAL PROPERTY IN BIOMEDICAL R&D AS A FACTOR ACTIVATING INTERNATIONAL COOPERATION AND EXCHANGE IN THE BIOLOGICAL SAFETY

K.K. Pokrovsky

The State Institution Republican Research Scientific-Consulting Center for Expert Evaluation of the RF Ministry of Industry, Science and Technology

It is known that one of the main conclusions from fulfilling the Global Partnership Strengthening project in the field of prevention of weapons of mass destruction (WMD) proliferation in Russia is the statement of the fact that reductions in the Russian WMD infrastructure, including biological weapons, can be accomplished through commercialization of products of science and technology R&D activities pursued by scientists and engineers /1/.

For the past ten years, a number of EC TACIS programs, the International Science and Technology Center activities through programs of research on biological protection, chemical and biological threat elimination, and national programs of cooperation in the field of technology commercialization have been serving these purposes. According to principles that underlie these programs, it is commercialization of development results by their authors through international technological cooperation that is the efficient approach to solution of the problem of employment of Russian WMD infrastructure scientists.

Scientific and technical products can be tangible, such as instruments, research equipment, technical documentation designed and produced while performing R&D work. However, in most cases, immaterial results of these activities - the intellectual property created - are much more important.

Intellectual property ownership, as is the case with any other property, is connected with its maintenance expenses and does not provide material benefits in itself. To have income from intellectual property ownership, it is necessary to commercialize it, i.e. to cost effectively use it in production, to monopolize relevant markets, to transfer (sell) the ownership in whole or in part /2/.

Methods of intellectual property commercialization:

  1. transfer to the technological market of high-tech products;
  2. training;
  3. consulting;
  4. rendering of certification and expert evaluation services;
  5. publications etc.

are implemented in every scientific and technological organization depending on its specific conditions.

Those scientists and engineers who own intellectual property regardless of their position, age, and merits can participate in each of the above listed intellectual property commercialization methods - it is important only that they are right owners.

According to the current legislation, in Russia intellectual property is divided into two categories:

The following forms of protection are established for industrial property: patent (inventions, utility models, industrial designs, selection achievements), registration (trade marks, service marks, trade names, product origin names), civil (trade secret), and special (integrated circuit topology). Specifics of copyright objects (works of literature, art, science, software and databases) and allied right objects (staging, performance, sound tracks, radio and TV programs) is such that their protection takes effect from the moment of the work creation without the need for any formalities.

In Russia the use of intellectual property objects in the economy was facilitated to a great extent by enactment in 1992 of a package of acts regulating relationships on these issues among market subjects /3-11/.

Commercial use of intellectual property objects is implemented by exercising exclusive rights by their respective owners through:

  1. prohibition for the third parties to use specific hardware by their notification about the existence of such prohibition in the official edition of a patent authority publishing data on protection documents currently in force;
  2. injunction as a result of action proceedings for violation of the exclusive right;
  3. granting permission to other persons to use exclusive right objects in certain objects;
  4. assignment of the valid protection document certifying the exclusive right by the respective right owner to other persons.

The first step in organization of a system for commercialization of results of R&D activities at any scientific or scientific and technology organization (including biomedical) is selection from the accumulated intellectual activity results of those directly connected with the planned business and ascribable to specific intellectual property objects. Such a selection procedure is often referred to as technological audit. The objective of such audit is to identify technologies and developments having the greatest commercialization potential. The technological audit is mostly performed in the expert-analytical way by specialized consulting companies, and scientists and engineers at the audited organization may and should participate as experts in the audit procedures. The technical audit results serve as a basis for making decisions on performing in-depth marketing research, developing strategies of technology advancement into the market, preparing a business plan or a business proposal.

The methodological basics of conducting the technological audit are generally known, however, each consulting company has its own procedures for conducting such auditing, which, as a rule, represent a trade secret.

Scientists and engineers at virtually any scientific and technological organization can perform evaluation of the market potential of their developments on their own, but to this end it is necessary to teach the technology evaluation fundamentals to persons wishing to be involved with this activity. Educational organizations having licenses for educational activity in technology management provide this training. Unfortunately, at present there are few such organizations in Russia, all of them offering only full-time in-class training. The system of remote training in technological management is still being formed.

The knowledge and skills possessed by scientists and engineers within the Russian WMD infrastructure are so rich and diversified that they may occupy a certain niche in expert, certification and consulting services in the international technological cooperation. To this end, special divisions for rendering such services can be established at these organizations by way of their initiative. At the same time this can solve the problem of utilizing experience of scientists and engineers who are of retirement age but still have abilities and desire to continue creative work.

It will be appropriate to refer here to the existing experience of the International Science and Technology Center (2000-2003) on evaluation of market prospects for results of fulfilling a number of projects, one of which (# 0142) received a commercial proposal from the US partner. Besides, training of 35 ISTC project managers in technology management fundamentals with the motto "The first business plan together" was conducted at the same time on the premises of biomedical organizations (Obolensk and Serpukhov). Besides, a remote training course on the export control fundamentals as applied to foreign economic activities in the biotechnology field was prepared for practical use by these managers in their activities.

Thus, the efficiency of intellectual property utilization in domestic and foreign high-tech markets depends on the ability of managers promoting technologies to the market to learn legal and economic aspects of commercialization. Russia has all resources for this: a good educational system, educated scientific community, highly qualified engineers, and virtually formed legal grounds for utilization of innovations.

REFERENCES

1. Prervention of Nuclear, Biological and Chemical Weapons Proliferation. Program for Global Partnership. Moscow, IWEFA RAS, 2003
2. Intellectual Property Protection, ISTC, 2nd edition, Sarov, 2000
3. RF Act "Patent Law of the Russian Federation" of 23.09.1992, # 3517-1.
4. RF Act "On Trade Marks, Service Marks and Product Origin Names" of 23.09.1992, # 3520-1.
5. RF Act "On Legal Protection of Software and Databases" of 23.09.1992, # 3523-1.
6. RF Act "On Legal Protection of Integrated Circuit Technologies" of 23.09.1992, # 3526-1.
7. RF Act "On Copyright and Allied Rights" of 09.06.1993, # 5351-1.
8. RF Act "On Selection Achievements" of 06.08.1995, # 5605-1.
9. RF Act "On Information, Informatization and Information Protection" of 20.02.1995, # 24-FZ.
10. RF Act "On Science and Public Scientific and Technical Policy" of 23.08.1996, # 127-FZ.
11. RF Act "On State Secret" of 21.07.1993, # 5485-1 as amended and appended on 06.10.1997, # 131-FZ.

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Proceedings of First Russian Workshop on Biological Security
Copyright © Committee of Scientists for Global Security and Arms Control