Exercising the Rights to the Results of Scientific and Technological Activities in the Context of the Implementation of the “Regulatory Guillotine” Mechanism: Legal and Technological Aspects

Introduction. When planning the implementation of the ‘regulatory guillotine’ mechanism in the field of intellectual property, the analysis of the current regulatory and legal framework of the Russian Federation in terms of exercising the rights to the results of scientific and technological activities within the purview of the Ministry of Science and Higher Education of the Russian Federation (which is the key authorised federal executive body in this area) becomes especially relevant. The goal of this research is to study the current regulation of the relations under consideration and prepare recommendations for its improvement. Monitoring Tools. The research employed the method of analysis, systemic and structural, functional, specific and sociological, formal and legal as well as technical and legal methods and the method of interpretation of legal rules. Results. The materials collected during the monitoring allows conducting a comprehensive analysis of the system of legal regulation of issues related to exercising the rights to the results of scientific and technological activities. This research can be used to optimise the system for managing the rights to the results of scientific and technological activities. Conclusion. Based on the results of this work, it can be concluded that the national legislation of the Russian Federation in this area is very diverse and includes acts of federal legislation, decrees of the Government of the Russian Federation regulating more specific public relations as well as acts of ministerial rule-making that approve, among other things, methodological recommendations on certain issues. Similarities between the legal acts regulating the inventory of the results of scientific and technical activities were identified, resulting in the formulation of proposals for the consolidation of such acts. There is also the undeniable advantage that the rules are focused on bringing the results of intellectual activity as far as possible into the economic realm for commercialisation and practical application. It can be concluded that the issues of improving the legal regulation of the commercialisation of the results of intellectual activity may become the subject of additional research.