Совершенствование правового регулирования инновационной деятельности

Аннотация

Actuality and relevance of the dissertation theme. In recent years, the extensive introduction of nanotechnologies, biotechnologies, genetic engineering, «artificial intelligence» and other promising innovation activities into the fields of computer science, telecommunications, medicine and transport, which arc the cornerstone of scientific and technological progress, arc becoming increasingly relevant in the world. In particular, in 2015 the global average of 2.9 millions of applications for a patent for inventions has been issued, which is 7.8% more than in 20141. At the same time, the dilemma of solving the problems of legal regulation of innovation activity, commercialization of innovations and legal protection remains a priority for economically developed countries. In particular, in the EU Member States has been developed a Strategy «Europc-2020» for the establishment of rationale for innovative relations and the Organization for Economic Co-operation and Development has adopted The Frascati Manual to regulate organizational, legal, and economic relations in the field of research and development (R&D) activities and the Oslo Manual on determining the legal criteria for innovation assessment. In the world it seems to be important to research the improvement of legal regulation this process, the importance of creating and introducing new techniques and technologies, promoting and protecting the rights and legitimate interests of innovation-related legal entities, more effective mechanisms for innovation commercialization, development and systematization of normative-legal base on legal protection of intellectual property, improvement of law enforcement experience as well as direction and prospects of the legal regulation based on the determining the peculiarities of innovative activity and its effective legal regulation. In the years of independence of Uzbekistan special attention was paid to the processes of creation and broad introduction of innovation in the development of national economy, and comprehensive measures have been undertaken in this direction. As a result of the implemented work, the sphere has been developed to a certain extent. Innovative ideas, technology and project fairs have been organized, public administration institutions faced to some changes, conditions for innovation have been created, and a legal basis has been created in this area. The establishment of effective mechanisms for promoting research and innovation, introduction of scientific and innovation achievements, establishment of specialized scientific-experimental laboratories, high-tech centers and technoparks at universities and research institutes are the most essential priorities of the country's innovative development now2, that determines the significance of research sphere. This dissertation research will serve to some extent the implementation of the tasks set in the the Laws of the Republic of Uzbekistan «On Copyright and related rights» (2006), «On inventions, utility models and industrial designs» (2002), Decrees of the President of the Republic of Uzbekistan «On innovation projects and technologies» (2008), «On Strategy for Further Development of the Republic of Uzbekistan» (2017), «Creation of innovation technopark in Yashnobod district of Tashkent city» (2017) and the Decree «On the Establishment of the Ministry of Innovative Development of the Republic of Uzbekistan» (2017) and other statutory acts. The aim of the research is to develop proposals and recommendations to improve the regulation of civil-law relations in the field of innovative activity. The scientific novelty of the research includes the followings: It’s justified that assistance in legal protection of intellectual property objects, foreign economic activity and promotion of investments arc the main tasks and functions of the tcchnopark management body; It’s justified that innovative activity in the form of R&D is based on the nonapplication of the Civil Code provisions on contractual agreements (podryad); It’s substantiated that the risk of non-performance of obligations under innovative activity contracts lies on the proposal of the creditor; The new legal institute of the integration into the sole technology in accordance with the intellectual property rules of the inventions, utility models, industrial designs, the computer programs or other intellectual activity results by the Civil Code has been justified; There’s been justified the necessity to stipulate conditions on distribution and commercialization of property rights on intellectual property objects among the parties of the state grants within the framework of the state scientific-technical programs. Conclusion As a result of the research on the topic «Improving the legal regulation of innovative activities», the following theoretical and scientifically-practical conclusions were drawn: 1. Civil and legal relations on innovation activity have been substantiated on the basis of the essence and essence of civil law rights and intellectual property rights. 2. The main features of innovation activity: - actions in the field of science, technology, organizational, financial and entrepreneurship that have led to the creation of innovations; - The development of innovations in the above areas, introduction of products into the market, implementation of marketing processes. 3. It was based on the fact that innovative activities should be based on a set of separate legal frameworks. At the same time, the necessity of forming the «Innovation law» as a complex of legal fields, which reflects the methods of regulation of civil, entrepreneurial, financial and administrative law. 4. The basic elements of legal regulation of innovation activities include: - lawmaking; - contractual and legal practice. The tendency of adoption of legal documents in innovation activity in Uzbekistan has been demonstrated. 5. «Innovation is a new organizational and technical solution for production, administrative, commercial or other characteristic of new or improved products, technology, application of new services for civilian treatment or use for their own needs.» 6. Innovations have been based on the implementation of material and nonmaterial production through mechanisms of contractual (private-law) and administrative coercion (public-legal). 7. It is desirable to develop an innovative development strategy of the Republic of Uzbekistan. At the same time, the guarantees for the implementation of the exclusive rights of legal entities, which arc legally equal in ownership of innovative activity, various contractual and legal instruments step-by-step introduction. 8. The following classification of innovations has been developed: 1) innovation depends on the source of the initiative: ordered innovations (by investor order); authorship; 2) on the level of transparency: open; closed (confidentiality, new product and know-how); 3) by volume of innovation: local; commonly; 4) the place where the innovations arc created: within the organization; within the network; interlinear; national; interstate; 5) the source of financing: for own funds; debt (credit); state budget; financed by foreign investments. 9. Depending on the features of the subjects involved in innovative activities, the following groups arc allocated: - higher education, research institutes, design bureaus, design and bureau structural divisions of industrial enterprises, researchers, inventors and innovators; - business incubator, technology park, small innovative enterprise, consulting, technology transfer centers, commercialization centers; - state grants or budget distributors, as the holder of rights to the results of the scientific and technical activities received during the course of the R&D. 10. Developed proposals for establishing the legal status of «start-up», venture and small innovation enterprises, based on the need for a separate legal regime (tax, customs, credit and other benefits). 11. It is desirable to introduce the concept of a single innovation contract and to define its legal basis as a single contract in the civil law does not fully cover all aspects of innovation activity and regulation of several types of innovation-legal relations. 12. In accordance with Article 359 of the Civil Code, it is expedient to approve the model draft treaties on the creation of innovation at the expense of the state budget, by Government decision. Model contracts arc specifically developed for each industry (medicine, agriculture, humanities, etc.), the subject of the contract, the rights and obligations of the parties, the order of work and the procedure for calculating, the order of transfer and receipt of the work, the entry into force and cancellation of the treaty and the procedure for the settlement of disputes on the contract. 13. It is proposed to include the new Article 8 of the Law of the Republic of Uzbekistan «On Free Economic Zones»: «Article 81 Technopark In the technology park, scientific research, higher education institutions and business entities arc working together to develop innovative activities. The technopark is managed by the administration. In addition to the tasks envisaged in part two of Article 24 of the present Law, the Directorate has the following powers: conclusion of contracts on a competitive basis with business entities willing to start production in the technology park; to provide the necessary production infrastructure for economic activity participants in the park; to provide information about the conditions of business activity in the park; making recommendations in the field of protection of intellectual property objects; assistance in foreign economic activity; attraction of investments, including foreign investments; to cooperate with leading scientists of the republic and world level in the interests of techno park participants. The legal regime of technopark will be established in accordance with the decision of the President of the Republic of Uzbekistan». 14. It is expedient to develop a separate normative-legal act on technology parks in the Republic of Uzbekistan. This document should contain the following legal norms: - organization of technoparks, regulation of their activity; - mechanisms of interaction of higher education institutions/rcscarch institutes with industrial enterprises; - simplified order of state registration of small innovative enterprises; - guarantees of employment of graduates of higher educational institutions at technoparks. 15. Scientifically substantiated proposals have been given to the Ministry of Economy of the Republic of Uzbekistan on the draft of Decree of the President of the Republic of Uzbekistan «On the establishment of innovation technoparks in Yashnabad and Olmazar districts of Tashkent». In particular, the tasks of technoparks envisaged by the project arc to provide recommendations for the protection of intellectual property objects; assistance in foreign economic activity; including attraction of investments, including foreign investments. 16. Problems of the contractual-legal mechanisms of intellectual property outcomes arc shown by the complexity of certain provisions of the patent law of the Republic of Uzbekistan and the very low number of patent applications filed by the World Intellectual Property Organization (WIPO) Patent Cooperation Treaty. Accordingly, the procedure for granting a patent for industrial property subject matter, as set out in the Civil Code and the Law on Inventions, Utility Models and Industrial Designs, should be harmonized with WIPO standards. 17. Based on the following recommendations on improving the process of commercialization of the results of research projects financed by the state budget in Uzbekistan: - obligation to obtain a patent for industrial property subject matter (invention, utility model, selection achievement), envisaged to be created under the terms of the grant agreements concluded in the scientific and innovative scientific and technical programs; - republican research institutions, along with the export of their scientific and technical products, the sale of exclusive rights to this product. 18. It is based on the innovation that has been created in the field of innovative activity that the distribution of property rights has a negative impact on the property interests of individuals (authors). 19. The object of intellectual property object creation, creation of intellectual property objects, realization of innovation contracts is based on the right of collecting the executor without the exclusive right of executor (except for copyrights). In this regard, these contracts have been developed by the contracting party, which provides for the right to use it for commercial purposes, as well as the type of remuneration, primarily for the payment of performers. It is desirable for such creators to be in the form of royalties (periodic deductions), pound payments (simultaneous) etc., taking into account world best practices. 20. In the field of innovation, the proposal for the application of the Civil Code provisions on contractual agreements has been developed for research, experimental and technology work. Therefore, it was excluded that paragraph 37 of the Civil Code excluded paragraph 5 and replaced it with a new draft section 371 «Scientific Research, Experimental and Technological Works». 21. As a result of the fulfillment of contractual obligations, the need to develop the mechanisms of legal protection of intellectual property, created by means of financing from the state grant, as a single object, without excessive bureaucratic barriers. Therefore, the Civil Code has developed a relevant bill on the introduction of section 641 entitled “The Right to Use Intellectual Activity in the Unified Technology”.