XI SPIEF

On May 11-13, 2023, the XI St. Petersburg International Legal Forum was held in St. Petersburg (organizers: the Ministry of Justice of Russia and the Roscongress Foundation in accordance with the Decree of the President of the Russian Federation No. 55 of 02/15/2022), at the venues of which 130 events were held in Expoforum with the participation of more than 3 thousand lawyers from 46 countries of the World, including the International Youth Legal Forum, the international conference of the Constitutional Court of the Russian Federation, the conference "Russian Legislation: forecasts, projects, programs (for the 100th anniversary of the Institute of Legislation and Comparative Law under the Government of the Russian Federation), an open meeting of justice ministers of 20 countries and a plenary session "Sovereignty in Law".

 At the plenary session, the Minister of Justice of the Russian Federation Konstantin Chuichenko announced the greeting of the President of the Russian Federation Vladimir Putin to the participants, organizers and guests of the XI St. Petersburg International Legal Forum, and Dmitry Medvedev, Deputy Chairman of the Security Council of the Russian Federation, delivered the main report. Recognizing the impossibility of further use of international institutions for the implementation and enforcement of international law on conditions of equality and respect for the sovereignty of all countries of the world, the plenary reports concluded that it was necessary to accelerate the development and creation of such enforcement mechanisms at the regional level.

Unlike the previous forums, the topic of intellectual property in a direct statement was presented at eight sessions of the business program of the Forum.

At the session "Legal support of scientific and technological sovereignty of Russia" (moderator - Viktor Vaypan, Vice-Rector for Innovative Scientific and Technological Development of Lomonosov Moscow State University"), where the main reports were made by Yuri Zubov, Head of Rospatent; Vladimir Pligin, Co-Chairman of the Association of Lawyers of Russia; Alexey Khersontsev, State Secretary – Deputy Minister of Economic Development of the Russian Federation; Sergey Kabyshev - Chairman of the State Duma Committee on Science and Higher Education.

In his speech in the debate at this session, Vladimir Lopatin, Scientific Director of the RNIIIS, Chairman of the AIUR Commission on Intellectual Property, drew attention to the key problems of three levels of legal regulation in order to ensure scientific and technological sovereignty, which, according to the recommendations of the XIV International Forum "Innovative Development through the Intellectual Property Market", held on April 21, 2023 on the basis of The Kutafin Moscow State Medical University should become a priority for solution in 2023.

At the legislative level: exclusion of R&D and intellectual property from the service sector, followed by attribution of R&D to work and allocation of the IP economy to an independent market sector; restoration of information as part of objects of civil rights and civil turnover; inclusion of regulatory mechanisms for the use of intellectual property objects at all stages of legislative support of R&D (R&D - scientific activity, ROC – scientific and technical activities, technologies and production – innovative activities).

At the level of subordinate regulation in the field of intellectual property, the centralization of the functions of public administration in a single executive authority is needed, since in Russia they are dispersed among more than 15 FOIV and there is competition between departments instead of competition of economic entities on these issues.

At the level of standardization as a "soft power regulator", where the world's first national system of standards "Intellectual Property" was created in Russia in 2022, state support is needed for the development and adoption of interstate and international standards based on them, with the return of the mandatory application of such standards.

At the session "Antimonopoly Regulation and Intellectual Property in the Context of Globalization" (moderator - Andrey Tsyganov, Deputy Head of the FAS of Russia), Sergey Puzyrevsky, Deputy Head of the FAS of Russia, and Vladimir Lopatin, Scientific Director of the RNIIIS, Chairman of TC481 / MTK 550, made keynote speeches. In his report "Standardization and compliance as soft power regulators in protecting against unfair competition", the Chairman of TC481 elaborated on the need to apply the standards GOST R 58233 - 2018 and GOST R 70433-2022 "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) in the organization", developed with the active participation of the FAS of Russia. As one of the reasons for this, he cited data that the independent development of such a package for 5 million economic entities in Russia are very complex and costly (from 9 to 55 million rubles). This, in many ways, explains that only 24 of the 74 entities that submitted applications for an assessment of the compliance of their internal documents with the antimonopoly compliance system received a positive conclusion from the FAS of Russia in five years.

At the session "Protection of Intellectual Rights of Russian Authors and Producers in the new reality" (moderator - Tatiana Yatsenko, Head of the Department of Private Law of the Faculty of Law of the Higher School of Economics)The main presentations were made by Olga Ruzakova, Deputy Chief of Staff of the State Duma Committee of the Federal Assembly of the Russian Federation on State Construction and Legislation, Lyudmila Novoselova, Chairman of the Intellectual Property Rights Court and Vladimir Lopatin, Scientific Director of the RNIIIS. In his report "Parallel import and protection against counterfeiting: problems and solutions in the EAEU", he revealed the main causes of problems when "none of the strategic tasks in the priority areas of Eurasian integration in the field of intellectual property defined in the EAEU Treaty (2014) has been practically solved over the next 8 years" and proposed mechanisms for their resolution.

In particular, mandatory rotation of ministers and subordinate heads of the EEC departments in the areas of integration into the EEC is necessary, since its absence creates threats to block these processes in the field of intellectual property, which is one of the key factors in ensuring technological sovereignty and national competitiveness within the EAEU.

In addition, the issues of legal protection and commercialization of intellectual property were considered at the Forum sessions:

Processing of intellectual property: is legislation an obstacle to the creation of new results? (moderator – Lyudmila Novoselova, Chairman of the Intellectual Property Rights Court);

Participation of the Russian Federation in international agreements on the protection of intellectual property in the light of the task of ensuring the technological leadership of the country (moderator - Yuri Zubov - Head of Rospatent);

Eurasian Regulation in the field of Intellectual Property: Expansion of jurisdiction (moderator - Elena Borisenko, Deputy Chairman of the Management Board of Gazprombank JSC), where Grigory Ivliev– President of the EAPO, delivered the main report);

Legal regulation of the creation and distribution of audiovisual content in Russia (moderator - Gennady Uvarkin, General Director, Omega Legal Bureau);

Legal aspects of joint filmmaking in the new realities (moderator - Ekaterina Chukovskaya, Director of the REC Intellectual Property and Digital Economy Digital IP).

A detailed report on the events, including a video recording of the discussions, annotations and photos of the participants, are posted on the website of the Roscongress Foundation at: https://roscongress.org/events/xi-peterburgskiy-mezhdunarodnyy-yuridicheskiy-forum/program

RNIIIS Press Service

2012 XI SPIEF - Republican Scientific Research Institute of Intellectual Property (RSRIIP). © RSRIP