Need an innovative breakthrough
During the years of the Cold War era that seemed to have sunk into oblivion, despite numerous sanctions from the West and discriminatory legislative acts such as the Jackson – Vanik amendment that had been in force for many years, our country did not lose its “left-handers”, and its innovative developments were in demand on all continents . But the reforms 90-ies caused the domestic defense industry and other industries incomparably more damage.
Currently, the situation is also not simple. As Russian President Vladimir Putin said recently, the current economic model of Russian society has exhausted itself, maintaining the current economic situation is a threat to our national security. Therefore, a transition to a new model of economic growth and development of Russian society as a whole is needed.
One of the directions for the transition to such a model was an ambitious state program of innovative development, until the end of which there are six years left. With the financing of the military-industrial complex (DIC) in the amount of 26 trillion rubles. before 2020, 1,5 should appear in thousand of critical technologies. However, the creation of exclusive rights to use intellectual property requires new laws, regulatory documents, management schemes and, finally, the commercial interest of participants in the process.
ONLY ONE PERCENT
The complex of tasks that was voiced in the speeches of the Russian president is designated by a single and succinct definition - “modernization”. The scientific community, the political leadership of the country, the economic bloc of the Russian government have announced its re-industrialization as the base trend of the modernization of the Russian economy - that is, new industrialization based on the latest technological structure.
If you look at the situation in the military-industrial complex from this side, then, according to the scientific director of the PRUE. G.V. Plekhanov Sergey Valentey, she looks not the best way. “Today, virtually no intellectual property is produced in the defense industry,” he says. The solution of this problem is prevented by at least several groups of factors.
First of all, it is a deformed structure of the economy. During the period from 1990 to 2012, the share of basic industries of reindustrialization - mechanical engineering and metalworking - in the total volume of industrial production fell almost twice.
Secondly, it is a low level of wages in industry and, as a result, personnel “hunger”. The wage situation provokes a rejection on the citizens of proposals to go to work in industry. The depth of the personnel crisis is best illustrated by the low passing scores in a number of technical universities of the country.
Third, the spatial overconcentration of intellectual property holders, inherited from the USSR by Russia, has a no less serious negative impact on the use of intellectual property in the civilian-industrial complex. The bulk of the “intellectuals” are concentrated in seven regions: Moscow, St. Petersburg, as well as in Moscow, Kaluga, Nizhny Novgorod, Novosibirsk and Tomsk regions.
Fourth, many intellectual property items have been lost. During the period of market reforms, opportunities for using the potential of the defense industrial complex in the interests of the development of civilian sectors of the economy were dealt the most significant blow. Its cause is the unresolved problem of ownership of intellectual capital. Although the total value of such property, created by the Soviet defense industry and illegally sold to third countries, is estimated by experts at 8 billion dollars.
Overcoming the impact of the first three factors should be sought not within the MIC itself, but in the development of a strategy for the re-industrialization of the entire Russian economy. This strategy, among other things, will have to take into account the peculiarities of the spatial distribution of carriers of “intellectual capital”. For example, by forming clusters according to the type of Dubninsky (in Dubna near Moscow), using the remaining human potential of a number of single-industry towns, etc.
As for the loss of intellectual property objects of the defense industry, we need to start with its protection, since the entire volume of protected intellectual property in Russia today does not exceed 1%.
The demand for research and development, according to theory, determines their supply. But in Russia this rule does not work. For example, with the obviously growing demand in the domestic market for high-tech consumer goods and services, domestic producers practically do not supply them with it. The reason is that there is no means or interest to use their intellectual property for the purposes of their own innovative modernization. But in this case, they will not be interested in the innovative modernization of civilian sectors of the economy.
According to Alexander Kashirin, Deputy Chairman of the NTS of the Rostec Group of Companies, all these processes impede the development of our military-industrial complex. The management of the rights of the Russian Federation to the results of intellectual activities of civil, military, special and dual use is carried out by government customers on the basis of rules approved by government decree. This implies the implementation of a number of activities: state accounting of the results of R & D, R & D, evaluation of their value, disposal of rights to use. At the same time, within the framework of the state defense order (GOZ) exclusive rights to the results of intellectual activity (RID) are assigned to the state customer.
Moreover, the nomenclature of general business expenses was approved. In accordance with it, a serial manufacturer has the right to charge depreciation of intangible assets involved in the production process. If these intangible assets were not created at the expense of the means of the serial manufacturer, they cannot be on its balance sheet. This is a key position. At the moment, when securing such rights to a state customer, the developer of military equipment is not interested in creating objects of such property, since it is not possible to consolidate the rights to them in accordance with the established procedure. Rights to them are not made out by either the developer or the customer. This fact is the reason that intangible assets are not taken into account both on the developer’s balance sheet and on the state customer’s balance sheet. Consequently, when forming the price of military products, it is impossible to take into account payments.
There is a need to change the existing intellectual property management system, while respecting the interests of both the state customer and the IWT developer and their serial manufacturer. The Ministry of Industry and Trade has now adopted the practice of assigning exclusive rights to the results of intellectual activity to the developer. This makes it possible to maintain a balance of interests of all actors. The developer will receive security documents and will not be divorced from the results of intellectual activity. Manufacturer - the ability to take into account the amount of payments for the development of new products. State customer - competitive products in their use.
RIGHT TO PATENT
We live in an age when many processes are controlled by what is called money. The state customer pays and has the right to reed, but intellect suffers from this. It turns out that the intellect does not have the right to work (the product) that it itself creates. And while the money will be at the forefront, nothing will change.
This order of things must be changed. That is, to enable the intellect to use its intellectual property. But even at the government level, no one will commercialize the development that the inventor has created. There is no such goal and task. Therefore, it is necessary to transfer such rights to the developer as much as possible so that he could at least later have his commercial interest. Figuratively speaking, the state can and should think about how to grant patents to authors and enterprises free of charge.
In the meantime, according to Maxim Dyshlyuk, General Director of the National Center for Intellectual Capital LLC, the same Ministry of Defense requires transferring intellectual property from enterprises when signing contracts for the manufacture of weapons and military equipment. Enterprises run up. As a result, it happens that the production remains without an order, and the Ministry of Defense - without weapons and equipment.
The lack of demand for Russian scientific research in the interests of modernizing domestic production has led to the fact that our degree of import dependence has grown to a critical level in all basic industries. And the implementation of the tasks of innovation development according to these indicators, oddly enough, for now fixes a course towards strengthening import dependence in all the basic sectors of the economy. In any case, without taking into account the level of commercialization of exclusive rights to these technical solutions, this only leads to imitation of activity (in terms of the number of applications for obtaining a patent and the patents themselves). That does not meet the national interests of Russia and the tasks of re-industrialization of the national industry mainly based on domestic technologies.
The legal vacuum pushes other right holders even to violations. According to the Prosecutor General’s Office of Russia, in the 2013 year, only for the main models of weapons and military equipment, about 90 state contracts were not executed, the advance payments of which amounted to 80%. And in the USC and the KLA, about 60 criminal cases are being investigated, the damage from which, according to preliminary estimates, is about 20 billion rubles.
In the Address to the Federal Assembly of the Russian Federation dated December 12 on 2013, Vladimir Putin noted that “today, on average, we have only one of the obtained scientific results of 265 becoming the object of legal protection. The contribution of value added, which is formed from the turnover of intellectual property, in Russia's GDP is less than 1%. This is not just a little, it is very little. In the USA, this indicator is 12%, in Germany - 7 – 8, in Finland - 20 ”.
The structure of R & D expenditures in the last 20 years in Russia has also not changed significantly: more than 3 / 4 is the budget, 1 / 4 is the private sector. While abroad, the proportion is inverse. Enterprises have been and remain the main customers of R & D abroad (69% in the USA, 64% in the EU, and 62% in China).
Not very high and the effectiveness of research. In a single federal database of R & D conducted in the Russian Federation from 1982 to 1 in January 2014, about 1,2 million research and development projects are registered. Of these, 90 857 was conducted during the 2011 – 2013 period. But according to the results of their implementation, only 13 713 RNTD was registered, that is - one (!) Obtained result of intellectual activity for seven R & D.
In the unified registry of RID military, special and dual use (in Rospatent) there are more than 18 thousand RID, including the Ministry of Defense - 11,5 thousand, Roscosmos - 4 thousand, FSTEC - 800, MIA - 700, MPTR - 500. However, in practice, in many cases, scientific, technical and design documentation that does not belong to the objects of intellectual property is reflected as objects of such accounting under the guise of REED. And how is the information on the material carrier from 1 January 2008 of the year excluded from the composition of objects of civil rights and, therefore, can not be the object of civil circulation.
As reported in the inspection materials of the Prosecutor General’s Office of Russia (this was mentioned in the conference materials), the Ministry of Industry and Trade has mastered enormous funds allocated by the state, but the tasks for developing and implementing advanced technologies and developing the scientific and intellectual potential of the aviation and shipbuilding industries have not been resolved. For example, in 2011 – 2013, 133 billion rubles was spent on R & D projects in the field of aircraft and shipbuilding, the ministry concluded more than 500 government contracts, but the result was only 93 patented by OIC. The results obtained are not comparable with the resources spent, and none of the inventions are used by the state. Or this figure: out of 270, thousands of existing Russian patents are sold for less than 2%, which is not beneficial either to the right holders or to Russia.
Inclusion in the practice of innovation activities of the results of intellectual activity, exclusive rights to them requires the development and application of new approaches and the creation of systems for identifying, minimizing and managing risks in the field of intellectual property. Including when attracting investments in innovative projects using scientific and scientific-technical developments.
What measures are seen as paramount in this situation?
A necessary and indispensable condition for success in the development of the intellectual property economy is effective state regulation, which involves the following activities in this area:
- state strategy of innovative development through the intellectual property market;
- centralized horizontally and vertically system of state administration of processes in the field of intellectual property in order to reduce administrative barriers to market development;
- a system of accounting for R & D and distribution of exclusive rights to the results of intellectual activity obtained with budget financing;
- a system of indicators and indicators for assessing the performance of science and the fulfillment of government contracts;
- management of state rights to the results of intellectual activity;
- development of a system of legal regulation and the creation of uniform rules - standards for the formation, circulation (commercialization), protection of intellectual property;
- government stimulation and provision of innovative motivation of the balance of interests; author – co-executive – customer with R & D budgeting;
- Competent authority and trained cadres of professional intermediaries in the field of law, economics and intellectual property management (at the rate of one intermediary for 10 researchers);
- a system of effective legal protection, control and supervision in the field of intellectual property.
REQUIRED MEASURES
The effectiveness of budget financing of R & D is still at a low level here. At the same time, there are no effective mechanisms for managing the rights of the state to the results of intellectual activity obtained with budget financing. Despite the decisions of the Russian government No. 233 of 22 March 2012 of the year and No. 458 of 30 of May 2013 of the year, the rules for managing the rights of the state to the results of intellectual activity approved by them for state customers still do not work.
In these conditions, for the use of RIDs in the performance of state contracts under the State Defense Order and military-technical cooperation, an urgent inventory is needed to identify and register the rights of the Russian Federation to the RID contained in the documentation used and (or) created during the execution of government contracts. At the same time, it is urgent to develop and adopt mechanisms for disposing of the rights of the state to the RID, including the procedure for alienation and inclusion in the authorized capital, the transfer of pledged exclusive rights to such RID.
In this regard, we need a unified methodology and mechanisms for assessing the effectiveness of Russian science and the effectiveness of implementing state innovation development programs from the standpoint of a strategic audit and an audit of the economic performance of the intellectual property economy (including the creation of added value, capitalization of intangible assets and investment).
Among the priority measures to change the situation in this area are the following:
- it is necessary to increase the role of the ministries responsible for the real sector of the economy in regulating budget financing in the interests of the re-industrialization of the national industry. More actively involve enterprises in determining the scope of state orders for the development of innovative technologies necessary for the modernization of production and re-industrialization (interest in co-financing). Reduce the level of corruption through the adoption and introduction of anti-corruption standards in the placement of state orders for research and development and the purchase of imported technologies and equipment;
- to secure property rights to the RID for the R & D performer (enterprise) received with budget financing, on the basis of the reasoned use of the RID in the production of final “dual” and civil purposes, to ensure a balance of interests between the author, co-executor and customer;
- the ordering of the rights to use within the framework of the state defense order and the military-technical cooperation institute, previously obtained during the fulfillment of the state order (Ministry of Protorg of Russia, Ministry of Education and Science of the Russian Federation, Roskosmos and Rosatom State Corporation) can also play a role
- development of methodology and methodologies for selecting the results of intellectual activity obtained in the framework of budget financing of R & D and evaluation of rights to them, for subsequent transfer from the government customer to the performer of these R & D; carrying out comprehensive expertise (economic, legal, technological) in the supply of imported equipment and technology; standardization of procedures and rules in the field of management, use and protection of intellectual property in the defense industry;
- it is possible and necessary to include intellectual property in the price structure of innovative products in the state order (including within the framework of the state defense order and military-technical cooperation), provided that the cost of innovative products is preserved (reduced). Improving credit conditions, taxation when using intellectual property in innovation processes and projects will also play a role;
- training in the field of economics, law and management of intellectual property in the Russian military-industrial complex on the basis of state and corporate orders.
All these measures can lead out of the innovation deadlock in which many branches of Russia find themselves. The main thing - do not hesitate with making decisions.
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