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Advaced studies

Transtechnology carries out a big work on the study of legislative base of different states in the sphere of legal protection, enforcement and transfer of the results of intellectual activity with the aim to identify existing differences and drafting of specific recommendations aimed at harmonisation of the Russian legal system in the field of intellectual property according to TRIPS requirements.

Over the past ten years Transtechnology's patent attorneys repeatedly participated in specialised research carried out by well-known international organisations such as the World Intellectual Property Organization, the European Patent Office, the Organization for Economic Cooperation and Development, UNIDO, International Scientific and Technical Centre and British Council, as well as foreign states.

In particular, in November 1995 Transtechnology prepared materials for XV General Department of the European Commission reflecting situation in Russia in the field of "Copyright and Information Rights in Information Community", and in June 1996 (together with leading law firms of the European Union) - recommendations concerning participation in the European programme "Eureka."

In 1996-1997 Transtechnology's staff worked within the Russian-American group of experts on intellectual property rights, created within the framework of the Committee on Science and Technologies of the Russian-American Commission on economic and technological cooperation (Gore-Chernomyrdin Commission). The outcome of the activity of this group became the "Recommendations on Intellectual Property Rights" targeted the Russian and American players.

From 1997 through 1999 Transtechnology performed functions of the consultation Centre of the European Commission providing legal support of the projects performed within the context of the European research programmes and participated in the work of a mixed group of experts on intellectual property rights created by countries of the European Union and Russia.

In March 1997 Transtechnology was recommended by the Russian Patent Office, the Ministry of Atomic Energy, the Ministry of Science and the Ministry of Foreign Affairs as a specialised firm capable to provide a wide range of services in the field of intellectual property to the International Scientific and Technical Centre. This proposal was supported by official delegations of USA, countries of the European Union (as represented by the Commission of the European Union) and Japan.

In 1998 Transtechnology won the open contest announced by the Commission of the European Union within the context of the Programme " INCO-COPERNICUS" for performing research on topic "Improvement of legal, organisational and economic environment ensuring efficient innovation process with the aim to modernize industries." Within the framework of this research Transtechnology applied a complex approach and systemic analysis in determination of necessary integrity of legal, economic and organisational environment assisting formation of efficient innovation system in Russia. Much attention in the research was paid to legal mechanisms of legal protection and commercialisation of intellectual property successfully applied in foreign countries, as well as issues of counter-actions against unfair competition in scientific and technical sphere.

In 2000 Transtechnology's staff within the context of the special project performed by Transtechnology under agreement concluded by the Ministry of Science with the US Civil Research and Development Fund (CRDF), prepared jointly with the American experts methodological recommendations on concluding of legally binding instruments necessary for implementation of joint Russian-American projects. Materials prepared within the context of the Project contained unique information based on legislation and law enforcement practices of the RF and US, as well as practical experience gained by Transtechnology in the field of creation, legal protection and transfer of the results of research and developments obtained in the process of performing of joint Russian-American projects implemented using state budget funds. In materials for the first time in the Russian and American practice were analysed different types of agreements, applied when performing joint Russian-American research and developments funded from the budget and legal mechanisms of their further commercialisation, as well as presented recommendations on preparation of plans on technology use. To ease understanding of definitions used in legal protection and transfer of the results of scientific and technical activity by players of international scientific and technical cooperation, the contractors of the project prepared a glossary incorporated description of key definitions based on the legislation of the RF and US legislative system, All materials (about 150 pages) were prepared in Russian and English and widely used in implementation of joint projects in US and Russia.

In October 2001 Transtechnology concluded an agreement on cooperation with the Centre on Intellectual Property Affairs of the Ministry of Science and Technologies of Chinese People's Republic proposing implementation of a large project on study of legal system of Russia and China in the field of intellectual property rights. In the result of performing of the project by the Russian and Chinese experts in January 2004 joint recommendations on legal protection, transfer and enforcement of rights to the results of intellectual activity under legislation of the RF and Chinese People's Republic were prepared.

In 2001 Transtechnology together with Rospatent's specialists upon the order of the European Patent Office prepared information and methodological materials on issues of legal protection, enforcement and utilisation of the results of intellectual activity titled "Transfer of technologies on commercial basis," which were published in 2002 in Russian and English.

From August 2001 Transtechnology's staff acts as national experts in the work of the working group on issues of "Innovation policy and intellectual property rights" of the Organization for Economic Cooperation and Development (OECD). One of the large-scale projects implemented within the context of activity of this group was aimed at study of activity of public research organisations funded using state budget funds in the field of protection, enforcement and commercialisation of intellectual property. Survey of intellectual property rights was focused on systemic analysis of legal and organisational and economic factors determining state of the national innovation system and its further development.

The review is based on indicators of patent and licensing activity of 60 public research organisations obtained from surveying (under methodology developed jointly with OECD experts), as well as analysis of legislative system of the Russian Federation in this field, statistical information and results of surveying of representatives of the federal bodies of executive power. Based on the review by the end of 2002 Transtechnology prepared a report on economic impact of patent and licensing activity on innovation development, which enabled objective assessing of the existing situation in the given field and drafting recommendations on ensuring of infrastructure support of activity of public research organisations on protection, transfer and enforcement of intellectual property published by OECD under the title "Patents and Innovations: Trends and Policy Challenges." Upon the results of this work Transtechnology proposed commencing development of technology transfer centres in the Russian Federation.

In 2003 Transtechnology continued its work with OECD within the context of a new project "Public-Private Partnership for Innovation" which was initiated in 2003 by the Russian side. As a result of implementation of the project Transtechnology's specialists prepared two research works, one of which was devoted to analysis of framework conditions of functioning of public-private partnerships in OECD countries and Russia (December 2003), and the other one to comprehensive research of situation and initiatives in the field of public-private partnerships in innovation sphere of Russia (June 2004.), conducted by Transtechnology in a format agreed upon with OECD experts. Results of these research works together with the results of survey conducted by Transtechnology together with OECD experts in July 2004 made the basis of the OECD draft report on development of partnership between public and private sectors of economy and were used in preparation of policy recommendations for the Russian Government.

In 2005 Transtechnology's staff participated in performing of critical analysis of international practice especially the Russian Federation and the European Union, in the field of innovations and commercialisations (policy study project) performed within the context of the project EuropeAid "Science and Technology Commercialisation," funded by the European Commission. Critical analysis conducted by Transtechnology focused on issues of encouragement of innovation activity and development of private-public partnership in innovation sphere. In particular, study of legislation on intellectual property rights, mechanisms of market regulation, elimination of excessive or inefficient regulation, as well as identification of main problems and factors of encouragement of the process of creation of private-public partnership in Russia. Special chapter of the critical analysis was devoted to private funding of new start-ups, adaptation of public research to industrial innovations, as well as creation of private-public networks and platforms. Upon the results of the analysis were formulated key lessons for the Russian innovation policy, and were prepared proposals on overcoming of existing difficulties.

Much attention was paid to study of law enforcement practice of Russia and a number of WIPO member-countries on issues of intellectual property, including fight against counterfeit and piracy. The results of the study including recommendations on improvement of the Russia legal system in the field of enforcement of intellectual property rights were presented and discussed at the WIPO international conference in Geneva.

Transtechnology's staff published above 200 articles in specialised journals and published 5 monographs in Russian and foreign languages. In particular, "Legal Aspects of Technological Transfer on Commercial Basis" Moscow, 2000; "American-Russian Technological Cooperation" (Legal aspects, main recommendations) Moscow 2000, Washington 2001; Legal Regulation of Protection and Commercialisation of Intellectual Property Created by Russian Public Research Organisations OECD 2002; The Strategic Use of IPRs by Public Research Organisations in OECD countries; OECD 2003, "Joint Russian-Chinese Recommendations on Legal aspects of Technology Commercialisation", Moscow, 2003, Beijing 2004.

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