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Intellectual property as a scientific and technical progress factor

Intellectual property encompasses all aspects of human activity and plays a significant role in the development of human society. Here is a characteristic statement of president of semiconductor Texas Instruments Company, William Pat Weber: ‘In essence, protection of intellectual property is an imperative for the survival of both large and small companies, as well as for the development of next-generation technologies’.

Protection of intellectual property is like a sentry at the entrance to the building of scientific and technological progress. Without it, none of the companies can be sure it will be able to protect their inventions from the violators. With it, companies are able to achieve a fair and adequate return on their investment by eliminating competitors from the market, or by receiving royalties from those who use their patented technologies. A key factor in this scheme is that an income from both these articles generate dollars that can be reinvested in research and development of tomorrow. The most important widely spread intellectual property entity is traditionally considered to be the invention.

Thus, e.g. patents in synthetic biology or pharmaceutical industry enables the company to conduct further costly research to obtain new substances, materials, pharmaceuticals. Not accidently educational and research institutions pay special attention to these aspects. E.g. The University of Manchester has established a UMIP that concentrates only on intellectual property field only. At the present time digitalisation of various experiences becomes an inevitable part of technogenic world: biotechnology developments in digital information, software, web services and etc.

The tree of intellectual property is growing and developing in various fields of creativity. A key figure in the creative process is a scientist, engineer, inventor; while protection of intellectual property is only aiming at protecting the interests of legal entities and individuals that contribute to the development of scientific and technical progress.

Basic protection system results of creative activity

Copyright and patent law constitute two basic systems of protection of the results of creative activity. The term copyright should not be confused with the term ‘author’s rights’. The objects of copyright are works of literature, art, science, and the subject of patent rights covers primarily inventions, utility models, industrial designs, trademarks. Patent law provides protection and provides: Applying for the title of protection in the State Patent Office; An examination of the criteria established by the legislation; The issuance of a title protection on behalf of the state.

The patent protects the essence of the solution. For example, as of inventions and utility models designs are protected the very essence of the technical solution.

Patent protection is only valid on the territory of the State that issued the patent, or in the territory of the region in case of regional patents. It has fairly strict limits on the period of validity. For example, the patent is valid for a maximum of twenty years in many countries.