FAS: Intellectual Property Protection System Needs Revision

FAS: Intellectual Property Protection System Needs Revision
Photo: pixabay.com 20.04.2022 86

FAS believes that the current norms of antimonopoly legislation in the field of intellectual property hinder the development of competition.

This was stated by Deputy Heads of the Federal Antimonopoly Service of Russia Karina Taukenova and Timofey Nizhegorodtsev at a special roundtable within the framework of the XXIII Yasinsk (April) International Scientific Conference on Economic and Social Development.

The speakers, together with the scientific community and representatives of the largest Russian marketplaces, discussed how to balance the interests of copyright holders and users of intellectual property objects. First of all, this concerns parallel imports, antimonopoly immunities and compulsory licensing.

Karina Taukenova noted that the results of intellectual activity of right holders, on the one hand, form new markets and sectors of the economy, contribute to technological progress. At the same time, such results of intellectual activity can be used by right holders not only for the purpose of innovative development, but also for the purpose of monopolizing product markets and limiting competition.

The deputy head of the service stressed that every year the antimonopoly authorities record an increase in applications for competition-restricting actions of copyright holders. But due to direct exceptions, they cannot be suppressed by the norms of the antimonopoly law.

The participants of the discussion noted that the protection of intellectual property in Russia is built much more strictly than in other countries, and differs from the general world practice, therefore, it needs to be revised. In making proposals for Russian legislation, the regulator proceeds from the experience of countries with developed economies. At the same time, it is important for the antimonopoly body to maintain a balance of interests of all participants - right holders, business and consumers.

According to the regulator, the revision of articles 10 and 11 of the Law on Protection of Competition will eliminate the abuse of intellectual property rights.

Timofey Nizhegorodtsev drew attention to the fact that in the face of external sanctions pressure, it is necessary to shift the focus from protecting the “absolute” interests of transnational corporations – copyright holders to meeting the primary needs of the domestic market.

Source: FAS

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