Open AccessPATENT TROLLING AND LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE (EXPERIENCE OF THE UNITED STATES OF AMERICA)
Author(s) -
А. Г. Барабашев,
Д. В. Пономарева
Publication year - 2021
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.77.1.039-046
Subject(s) - legislation , legislator , enforcement , patent law , political science , context (archaeology) , phenomenon , law , patent troll , law and economics , business , intellectual property , sociology , paleontology , physics , quantum mechanics , biology
The article deals with a unique legal phenomenon that requires regulation in the context of protecting the rights of inventors to the results of scientific activity — patent trolling. Due to the imperfection of the patent system and patent legislation, the subjective rights of “bona fide inventors” in the field of scientific and innovation activities are constantly violated by “patent trolls”. On the example of the law enforcement practice of the United States of America, legal methods of countering this phenomenon are illustrated, the conditions conducive to its occurrence are analyzed. A conclusion is presented on the need to take into account the experience of the United States when amending the legislation of the Russian Federation on patent protection. It is noted that in the era of the fourth industrial revolution, the issue of combating “unscrupulous” copyright holders becomes one of the most acute. The criteria for assessing the “bad faith” of a patent infringement claim, developed by an American legislator, can become the basis for the development of similar legal norms on Russian soil and throughout the post-Soviet space.