One Should Have a Mind of His Own

All the advanced technological and innovative solutions flock to the National Center of Intellectual Property (NCIP). Hundreds of industrial designs, utility models, and inventions are patented here annually, licensing agreements are concluded, and, most importantly, the exclusive right is acquired by the patent holder. Mr. Uladzimir Rabavolau, Director General of the National Center of Intellectual Property, spoke about the challenges in the field of intellectual property (IP) that NCIP faces today and how Belarusian legislation addresses them.

“R”: Mr. Rabavolau, what does the statistics on the number of applications received by NCIP show today? How does NCIP stimulate patenting by national and foreign applicants?

– Last year, NCIP received 393 applications for the grant of patents for inventions. At the same time, 298 applications were submitted by national applicants, which is 65.6 % of the number of applications received from national applicants in 2018. 334 applications were submitted for issuing patents for utility models, of which 276 are applications from national applicants. A positive trend was observed in the increase of applications for inventions related to V and VI technological stages from 9 % in 2018 to 23 % in 2019.

The numbers are pretty good, but what do they tell us? The creation of innovations, allowing to update the technological structure of the national economy, was intensified. They will be an effective tool for generating revenue in case they are commercialized. By the way, the number of licensing agreements for industrial property rights increased by 21.5 % last year compared to 2018.

Many organizations, both in the short and long term, lack a certain policy for the protection and management of intellectual property. The specialists responsible for the IP protection and management are reluctant to learn, while the sphere is very flexible, requiring constant updating of knowledge. Scientific and technical organizations often do not have that close connection with industrial organizations, as well as with small and medium-sized businesses that, in its turn, negatively affects inventive activity.

Therefore, in order to stimulate the patenting of inventions, utility models and industrial designs, a number of benefits exist. Since January 1, 2019, the rates of patent fees for committing legally significant actions in respect of inventions for accredited scientific organizations have been reduced by four times.

“R”: Last year was remembered by the official visit of the Director General of the World Intellectual Property Organization (WIPO) Dr. Francis Gurry to Belarus. Following the meeting, a Memorandum of Understanding between NCIP and WIPO on Alternative Dispute Resolution in the Sphere of Intellectual Property was signed. Why did you pay special attention to this issue?

– By acquiring IP rights, the right holder receives certain exceptional advantages – he can use the results of intellectual activity and allow or prohibit their use by others.
Disputes regarding IP rights protection arise in case of infringement of the proprietor’s rights. Most of these disputes are resolved in court. This procedure is complicated, lengthy and expensive. Therefore, the importance of alternative methods for resolving disputes in the field of intellectual property is recognized throughout the world, and Belarus is no exception. For example, the signed Memorandum of Understanding between the NCIP and WIPO provides for the development of a mediation procedure for intellectual property disputes. Thus, IP right holders will have an alternative way to resolve disputes, as well as save time and money and take into account the interests of the parties.

“R”: What projects implemented within the frameworks of the current IP Strategy for 2012–2020 are already at the finish line?

– The project “Intellectual Property Exchange” is being implemented at NCIP. At the beginning of April the Exchange posted 658 commercial offers for industrial property objects.

One more serious and significant project is the development of a network of Technology and Innovation Support Centers (TISCs).

In 2020, it is planned to create TISCs of the 2nd level on the basis of the regional branches of the Republican Library for Science and Technology, higher educational institutions and libraries of the National Academy of Sciences.

The next stage in the development of TISCs is the opening of such points on the basis of organizations and enterprises in the regions. The structure will allow creating a simple and convenient mechanism for disseminating best practices and exchanging experience on the effective management of intellectual property rights between organizations.

At the end of 2019, the Memorandum of Understanding between NCIP and WIPO on Alternative Dispute Resolution in the Sphere of Intellectual Property was signed. The plans for 2020 include determining the personnel of mediators and support staff, their training, obtaining the necessary licenses, preparing the material and technical base. The opening of the mediation center on the basis of NCIP is planned for the fourth quarter of 2020.

“R”: Artificial intelligence, biotechnology, data protection, robotization create many problematic issues for traditional approaches of the intellectual property system ...

– Indeed, with the development of digital technologies a number of legal issues arise that are still not addressed today. The legal regime of models created using 3D printing technology is not defined. On the one hand, 3D models are created on the basis of existing copyright objects, on the other hand, they themselves can act as such objects. Blockchain technology opens up new opportunities for protecting intellectual property rights.

In addition, today there is no legal regulation of objects created with the help of artificial intelligence. Can artificial intelligence autonomously, without human intervention, create objects that can be protected by copyright?

The study of these complex issues is conducted under the auspices of WIPO, as well as in the framework of scientific research in the sphere of intellectual property.

The full version of the article can be found on the website sb.by.