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PROTECTION FROM INTELLECTUAL PIRACY Print
07.07.2004

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    The Samara Region and, as we may suggest, the whole Russia has suffered from “Intellectual Piracy” for a long time. But what is it? How do the specialists working in the sphere of patenting define it? It’s an infringement upon Intellectual Property belonging to someone else. It happens as industrial espionage or public registration of someone else’s lexical, graphical and mixed designations as trademarks of the third party with a further “flak” upon a real proprietor and racketeering up to 5 000 000 rubles.

What is more, in the process of privatization taking place in the 90-s the objects of Intellectual Property named in accordance with the Civil Code of the Russian Federation “the Results of Intellectual Activity” (trademarks, inventions, utility models, industrial designs, software, databases, etc.) were not regarded as part of the holdings of companies that were privatized.  

Large archives of technical documentation were consigned to physical oblivion or physical destruction. After privatization of estate property, land, natural resources as well as after business failure of companies this reserve of the Results of Intellectual Activity which was left without its owner turned out to be a “sweet” resource to make a profit. And this is an incredibly rich resource! The legal status of these “storerooms of intellect” is still disputable since as a rule exclusive rights upon archives of drawing figures, project documentation, new technologies, etc. haven’t been registered. In addition to it, documents confirming exclusive rights are missing. Many present day projects that can be registered are patented neither on the level of technical decision nor on inventive level.

Be cautious! The best way to escape all negative consequences is to perform an inspection, i.e. identification of the Results of Intellectual Activity and their registration in time. If it’s legally provided and the time has not gone don’t hesitate to invite the specialists who will make up for lost economic profits and will protect your rights.

From 1st January 2004 intangible assets are not considered to be the property of a company when estate tax is calculated. It’s necessary to point out that in relation to accounting intangible assets unregistered documentarily do not exist as the property of a company while they can provide considerable economic stability and economic freedom in all senses – from the rise of share capital to the decrease of taxable circularization. 

Best regards,
Nina Zametalina 
Director, PhD

 
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