Сompliance in the field of commercialization of intellectual property

Abstract

The article examines the state of definition of the concept of compliance in national legislation and scientific literature. It has been established that the topic of compliance in the field of intellectual property is studied mainly by representatives of economic and technical sciences. For the legal turnover, the concept of compliance, including regarding intellectual property, is new and has not yet received proper application and justification. In the studies, the authors use different concepts along with compliance, such as: “compliance system”, “compliance control”, “compliance approach” without clearly defining their content and relationship.
The conducted research shows that compliance, including in the field of commercialization of intellectual property, is important for business in modern conditions. Compliance in the field of commercialization of intellectual property is defined as a system of measures and mechanisms of effective management and control within the enterprise, aimed at prevention and prevention of risks of violations by management and employees of legislation, local acts, contracts, rules of corporate ethics regarding the creation, acquisition, implementation, and transfer of intellectual property objects and innovations.
It is proposed to include the following measures and mechanisms in such a system: identification and audit of all intellectual developments, their patentability, selection of the most effective form of their legal protection (regime of non-disclosure of commercial secrets, patent, certificate), if necessary, state registration of relevant rights, obtaining of protection documents; carrying out an assessment of rights to objects of intellectual property, registering them as intangible assets; verification of the existence of agreements on the acquisition, implementation, disposal of property rights of intellectual property, the status of their implementation, extension; development of a policy of prevention and detection of corruption manifested in the process of creating objects of intellectual property and their commercialization; development of a strategy for preventing violations of intellectual property rights and protecting rights.