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Civil G8 documentsThe International Forum “Civil G8-2006”. Round table discussion on the problems of Intellectual property. Short reporting.The discussion of the Intellectual Property (IP) problem at the “Business and international trade” section of the CivilG8 Forum concentrated mostly on the concrete questions concerning public and state institutions’ attitude to it. The speakers insisted that it is impossible to develop effective infrastructures for the IP use without active support on the part of the politicians and government. As the IP rights are part of the human rights sphere, the fight against IP violations should inevitably include optimal demands and recommendations, the tasks and aims of the remedial measures should be clearly understood, taking into consideration substantial differences in the Russian and Western Legislation, dealing with this problem. Intellectual property of every country works for its society first. That’s why the state should be interested in financing IP institutions and work out effective sanctions against IP stealing, especially against intellectual piracy and counterfeit. In the catalogue of the remedial measures, one of the most important things is the strict distribution of the responsibility for obeying the IP rights laws. It presupposes training of the policy, customs and juridical structure workers, taking into account aspects of the national and international law, as well as international cooperation on information, data exchange and preparation of the actions, aimed at the protection of the IP rights. One of the conditions for the stable work of the IP system is considered to be its accessibility, which can be provided by the complex mutual efforts of NGOs and Government. In particular, it means low expenses spent on receiving, maintenance and protection of the IP, easy procedure of receiving and assigning of the IP rights, as well as harmonization of the IP system itself to lower the expenses on its receiving in different countries. In many countries, including CIS ones, it takes too much time to register the patent. The bureaucracy of the procedure becomes even worse and works not for but against those who should enjoy this particular right. Most of the corporations, owning their patents, have to pay for the access to their own products. Civil society should help new trade mark developers in getting the patents. The main problem is counterfeits of the trade marks and products including medicine, which is dangerous for the health of the citizens of this or that country. Just licensing tools are not enough to fight this disaster. The trade mark counterfeits, license and patent receipt violation, market and Internet piracy should be dealt with the effectively functioning mechanism and concrete legislative measures, including strict customs control, as well as control on the part of public organizations and professional associations. We can help inventers and creators to spread their innovations and create products of intellectual property through the improvement of the investment regulations, production technologies and trade competition stimuli. It is a necessity to inform vast social strata about the advantages of the IP rights protection and about the harm that intellectual piracy and production counterfeit courses. But the remedial measures and sanctions were adequate and effective and fully correspond with the international agreements in this sphere. |
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