Current trends in the development of the Intellectual Property Law

Nechaeva Yuliya Sergeevna ORCID: 0000-0003-2227-9682 Postgraduate student, The Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation 53/2c1, Ostozhenka str., Moscow, 119021, Russia nechyulia@mail.ru Other publications by this author

The UN Sustainable Development Goals are certain vectors of development of the UN member states for the independent and joint improvement of the living conditions of mankind in the most important areas.

The idea of sustainable development originates in the second half of the 20th century, when the need to stop environmental pollution was on the agenda. Initially, it was the problems of the harmful human impact on the environment that caused the development of mechanisms to ensure the sustainable beneficial development of society [1. - C. 6].

Over time, not only environmental issues began to be put on the agenda, but also a significant number of global problems that appeared for a number of reasons, including in connection with the adoption of incorrect economic, social, and political decisions, and requiring collective development of measures to eliminate them.

As a result of the discussions, 17 global Sustainable Development Goals until 2030 were formed, which were formally consolidated in the UN General Assembly Resolution of September 25, 2015 and published on the official UN website for public information (the 2030 Agenda for Sustainable Development).

The goals cover such areas of activity as poverty eradication, protection of the right to life, to education, increasing access to education, decent work, increasing economic growth, eliminating gender inequality and many others.

The UN member States have undertaken obligations to bring national legislation in line with the tasks set within the framework of this project. This is reflected in the development and adoption of their own national concepts of sustainable development (for example, Decree of the President of the Russian Federation dated 04/01/1996 No. 440 “On the Concept of Transition of the Russian Federation to sustainable development”).

One of the directions for ensuring sustainable development is the activity in the field of intellectual property.

Currently, within the framework of international activities for the development of systems in the field of intellectual property, there are 7 programs developed by a specialized agency of the United Nations - the World Intellectual Property Organization (hereinafter - WIPO). These programs are aimed at implementing 12 of the 17 Sustainable Development Goals, namely: ¹ 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 and 17.

Program No. 1. WIPO GREEN

The WIPO GREEN database is a free online platform created for technology and service providers to interact with those who are looking for environmentally friendly innovative solutions, thereby contributing to the achievement of Sustainable Development Goal No. 13 “Combating climate change” through the digitalization of sustainable technologies (according to the data contained in the materials “SDG Spotlight: Encouraging Green Tech Innovation”).

Within the framework of WIPO GREEN, projects are organized to accelerate the “search for partners” in the field of “green” technologies for cooperation in a personal format, negotiating and developing joint projects in the field of “green” technologies, such as:

Climate-optimized agriculture (wine production in Chile; zero tillage or resource-saving agriculture in Brazil; crop rotation, re-carbonation of soils and animal husbandry in Argentina.

? using solar energy to extract moisture from the air to produce drinking water;

?Production of safe drinking water from natural sources, such as surface and groundwater, at an affordable price.

Program No. 2. ABC

The WIPO Accessible Books Consortium contributes to the achievement of Sustainable Development Goals No. 4 “Quality education”, No. 9 “Industrialization, innovation and infrastructure”, No. 17 “Partnership for Sustainable Development” by promoting an increase in the number of books in accessible formats in the world and ensuring access to them for visually impaired people.

17 countries, with the methodological, technical and financial support of ABC, produce and distribute books accessible to people with disabilities (more than 9300 educational materials in national languages for students with disabilities enrolled in primary, secondary and higher education programs).

Program No. 3. WIPO Match

WIPO Match is a free online platform coordinated by WIPO, which is designed to interact with applicants for intellectual property development resources with potential suppliers of relevant resources. With the help of the platform, you can find job seekers, sponsors and benefactors. The program is aimed at implementing Sustainable Development Goal No. 17 “Partnership for sustainable development” (according to the data contained in the materials of “WIPO Match. Intellectual property for the benefit of development”).

Program No. 4. Technology and Innovation Support Centers (TSCs)

The WIPO Technology and Innovation Support Centers are financially and technically independent organizations to which WIPO provides consulting assistance upon their requests. TSCs contribute to the achievement of Sustainable Development Goal No. 9 “Industrialization, innovation and infrastructure” by disseminating information and providing support in the field of intellectual property to the subjects of innovation.

To date, there are 864 TSCs in the world (according to the data contained in the materials “SDGs in focus: Providing practical assistance to inventors and creators of new technologies in the protection of intellectual rights”).

Program No. 5. Inventors Assistance Program

The Inventor Assistance Program is aimed at achieving Sustainable Development Goal No. 9 “Industrialization, innovation and infrastructure” and ensures the interaction of inventors from developing countries with patent attorneys who provide legal assistance on patenting issues free of charge (“Inventor Assistance Program").

The program includes Kenya, Colombia, Morocco, Peru, Singapore, the Philippines, Chile, Ecuador and South Africa.

Program No. 6. Intellectual property and tourism

This program functions in pursuance of Sustainable Development Goal No. 8 “decent work and economic growth” and helps tourism organizations to obtain accessible information on creating a distinctive image in the market (branding); on protecting competitive advantages; on popularizing national culture and heritage; on creating additional revenue channels (licensing, franchising and merchandising).

Program No. 7. The gender gap in innovation

Eliminating the unequal presence of men and women in the intellectual property system is an urgent action within the framework of Sustainable Development Goal No. 5 “gender equality”.

In its work to empower girls and women, WIPO aims to identify women inventors and authors and provide an understanding of the challenges faced by women inventors and authors (the “Gender Gap in Innovation”).

It is worth noting that the development of intellectual property is not directly defined as the UN Sustainable Development Goal, but in general, the key goal in WIPO's activities is Goal No. 9 “creating sustainable infrastructure, promoting inclusive and sustainable industrialization and stimulating innovation”, since innovation and creativity are the key to successfully achieving the Sustainable Development Goals.

WIPO notes that intellectual property is one of the key driving forces of these areas, which “will allow us to develop new ways to eradicate poverty, increase the sustainability of agriculture and ensure food security, as well as help defeat diseases, improve the quality of education, protect the environment and accelerate the transition to a low-carbon economy, increase labor productivity and strengthen economic competitiveness” ("WIPO and the Sustainable Development Goals").

Digitalization of intellectual property

During the Covid-19 pandemic, the world faced the problem of remotely maintaining the functioning of various systems that require human presence in everyday life. The society was not ready for mass management of processes remotely. As a result of the abrupt and forced transition from real interaction to digital, significant progress has been made in the development of digital platforms and electronic document management, including in the field of intellectual property.

Previously, it was mandatory to visit a physical office to submit documents for patent registration and provide documents on paper, but now it is possible to do this electronically.

In 2020, WIPO commissioned a pilot project, a digital service called WIPO PROOF. This service is included in the list of services of the WIPO IP Portal and is a service for obtaining a unique digital fingerprint of any file (object of intellectual property) indicating the date and time of its receipt. The digital fingerprint is called the WIPO PROOF token, in order to receive it, the user must upload the files necessary for registration to the platform, fill in information about the applicant (an individual, a representative of a legal entity, a representative of an individual. persons) and pay a fixed price for one copy of the Token.

Since February 1, 2022, the pilot project has completed its work. The WIPO secretariat announced on the official website that the digital service will no longer be provided due to the fact that since the preparation of the initial feasibility study, the market has developed rapidly under the influence of accelerated digitalization and this has led to a reassessment of the economic feasibility of providing this service (“Termination of the WIPO Proof token generation service”).

In 2023, the report of the Japanese office of WIPO from 2023 (“Intellectual property offices and sustainable innovation Implementing the SDGs in national intellectual property systems”) on the implementation of sustainable development goals in national intellectual property systems was published. The report examines the results of the use of digital systems and artificial intelligence, which allow you to draw up documents (apply for patent registration, grant a patent) in electronic form, as well as analyze them, thereby providing an environmentally friendly way for participants in legal relations to interact without harm to the environment. Such systems are aimed at reducing the use of natural resources in document management and have shown high efficiency during operation.

All intellectual property offices involved in the study switched to a remote way of working during the pandemic and held workshops using electronic platforms. If this practice continues in the future, then in the long term, the abandonment of work trips (especially air travel) will contribute to reducing greenhouse gas emissions into the atmosphere.

The pandemic period contributed to the widespread use of electronic services in the field of intellectual property in national jurisdictions.

So, in 2021, the Directorate General of Intellectual Property of the Ministry of Justice and Human Rights of Indonesia developed an application “Intellectual Property Online” (IPORLINE), which allows you to submit applications for registration of patents, designs and trademarks in electronic form. In the future, the developer plans to introduce artificial intelligence into the system to facilitate the search for data, images and documents in the application.

The report notes that automation of routine tasks will allow workers to focus on more complex tasks, which will lead to higher wages in accordance with Sustainable Development Goal No. 8 (to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all).

The report of the United Nations Economic Commission for Africa reports ("Africa's progress towards achieving the SDGs and targets needs strategic acceleration – 2020 Africa Sustainable Development Report”) that the continent is halfway towards achieving the Sustainable Development Goals by 2030, and accelerating progress can be achieved with the help of technologies in the field of intellectual property.

At the Unstoppable Africa Forum held in 2023, it was noted during the discussions (“Unstoppable Africa Event Forges Global Partnerships Aimed at Advancing Africa”) that advanced technologies used as part of Africa's digital transformation, such as artificial intelligence, blockchain and investments in ESG (environmental, social and corporate governance), shape a sustainable future. First Deputy Secretary General of the United Nations Amina J. Mohammed stressed the importance of collective action in realizing Africa's potential and achieving the Sustainable Development Goals.

The WIPO offices note that closer cooperation and coordination in the field of intellectual property between States is necessary, since achieving the Sustainable Development Goals requires teamwork, and also because many of the problems that need to be solved by achieving these goals are global in nature.

According to Russian experts, it is necessary to increase the level of international patent protection [7. - C. 290], which can be achieved through interstate cooperation and exchange of experience in the field of intellectual property regulation.

Accelerated review of “green” patent applications

Such programs have been in existence and used in the world since 2009 and are aimed at reviewing patent applications in the field of “green” technologies in an accelerated manner.

In 2013, the London School of Economics and Political Science published a report (“Fast-Tracking 'Green' Patent Applications: An Empirical Analysis”), which analyzed the results of the implementation and use of accelerated review programs for “green” patent applications. The analysis is based on the example of intellectual property offices in seven states.

The United Kingdom, Australia, Israel, Japan, South Korea and the United States were the first to introduce such programs into their activities in 2009. Canada and Brazil followed suit in 2011, and China in 2012.

The study showed that less than 20% of all relevant applications for “green” patents actually required accelerated examination. Cases of abuse of law were also identified - ordinary patent applications were filed under the guise of “green” in order to accelerate consideration.

The main results of the study:

• a small number of applications for registration of “green” patents. Most likely, applicants are interested in ensuring that the procedure for reviewing and examining their applications lasts as long as possible;

• the largest number of applicants for the accelerated program consisted of start-up fast-growing companies in the field of green technologies;

• The largest number of applications related to technologies related to climate change and renewable energy sources;

• the efficiency of the entire process from filing an application and documents to issuing a “green” patent under the accelerated review program has increased by 75%;

• The accelerated review program for “green” patents was applied to patents with higher commercial value;

• Accelerated green patent review programs have helped accelerate the dissemination of knowledge in the field of green technologies in the short term (during the first years after the publication of patents).

Scientists note that “the growth of innovative activity of states due to an increase in “green” technical solutions is possible only in developed countries” [3. - C. 18] and suggest that such countries provide support measures to developing countries to introduce “green” technologies into their innovative activity.

Separately, it is worth noting the results demonstrated by Brazil as the first country with a transition economy that managed to implement this program.

Brazil is one of the world's largest producers of renewable energy: more than 80% of the energy produced in the country comes from renewable sources (“The latest information on the system of accelerated patent protection of “green” inventions in Brazil. The WIPO Journal”). According to Apex-Brazil (“Updated Landscape on Expedited Protection of “Green” Inventions in Brazil”), energy demand will increase by 20% by 2029, and the estimated installed capacity of wind and solar power plants will grow from 176 gigawatts (GW) in 2019 to 251 GW in 2029, which corresponds to Brazil's National Energy Plan for the period up to 2029.

Prior to the introduction of the accelerated program in Brazil, difficulties were noted with the timely consideration and processing of patent applications.

Thus, according to the National Institute of Industrial Property of Brazil (“Relat?rio de Atividades, 2018”), about 207,195 patent applications were pending in 2018, and the processing time of one such application took more than 10 years.

The introduction of automated technologies in the process of accelerated review of “green” patents has significantly increased the efficiency of the patent office in Brazil.

By 2020, this agency has managed to reduce the time from filing an application to issuing a patent to 14 months, which is certainly a big breakthrough.

As for Russia, applicants are also given the opportunity to submit applications for state registration of intellectual property objects and patent issuance in electronic form through the Unified Portal of Public Services or through the website of the Federal Institute of Industrial Property.

Since 2020, there has been an increase in applications for registration of “green” patents. “In 2020, inventors paid significant attention to several areas, among others: recycling recyclable materials into a material that can be reused, creating an environmentally safe material, obtaining fuel from recyclable materials and ecological raw materials, obtaining energy using alternative sources and technology for cleaning contaminated water surfaces,” says Tatyana Erivantseva, Deputy Director of the Federal Institute industrial property (“Green” patents in Russia: four main development trends).

Experts note that the collection of data on environmental innovations in Russia is difficult and, in general, there is a rather low activity in the field of environmental inventions (1% of the total number of inventions) [2. - p. 22]. This is probably due to the lack of a specialized database on “green” patents and insufficient work to popularize and promote measures to improve the environmental condition in the country.

The main obstacles to the development of intellectual property in Russia are “the lack of systemic knowledge, the inability to assess the potential of their ideas, the difference between theory and practice in paying remuneration to authors for creating innovations in Russia, the lack of desire to invest in the development of intellectual property on the part of the management of many companies, low awareness of companies about existing developments in universities and scientific organizations, finances, the cost of patenting, difficulties in writing a patent application” [5. - C. 73]. These obstacles can be eliminated solely through the active participation of the state in supporting intellectual property as an institution, eliminating gaps in relevant legislation, and developing measures for financial and information support for projects in the field of “green” technologies.

Based on the results of the analysis, the following conclusions can be drawn:

- the widespread introduction of artificial intelligence and digital platforms into the activities of organizations in the field of intellectual property significantly increase the effectiveness of interaction between participants in legal relations, simplify the entire process from filing a patent application to issuing a patent;

- the transfer of labor activity to a remote format helps to reduce greenhouse gas emissions into the atmosphere due to a reduction in transport movements;

- automation of routine processes can help to increase the level of intellectual involvement of employees and increase the level of remuneration;

- the development of accelerated review programs for “green” patents is extremely important for the implementation of environmental inventions;

- it is necessary to create a unified database of “green” patents and carry out comprehensive work to popularize activities in the field of environmental inventions;

- comprehensive state support of innovation activity is needed to achieve high results and competitiveness at the international level;

- it is necessary to develop interstate cooperation in the field of intellectual property and the development of joint projects.