Intellectual property protection in medicine as a factor of scientific and technological development of the nations (the Russian Federation and the USA)

• Goryan E.V.

  Ella V. Gorian, Vladivostok State University. Vladivostok. Russia

• Olga S. Kotlyar

  Olga S. Kotlyar, Saint-Petersburg State University. Saint Petersburg. Russia

Abstract. The object of the research is the relations in the field of legal regulation of intellectual property in
medicine. The subject of the study is the normative acts in the field of intellectual property and medicine, as
well as doctrinal sources on the topic of the study. The purpose of the study is to characterize the national
models of intellectual property protection in the field of medicine in Russia and the United States. For this, na-
tional approaches to the definition of intellectual property objects, remedies for the protection of intellectual
rights in medicine were studied. In order to obtain the most reliable scientific results, a number of general sci-
entific (system-structural and formal-logical methods) and special legal methods of cognition (comparative-
legal and formal-legal methods) were used. The protection of intellectual property in medicine is a fundamen-
tal factor for the scientific and technological development of the nation. The excellence of legal instruments de-
termines the investment attractiveness of the industry and, consequently, increases legal certainty. In both Rus-
sia and the United States, legislation defines the objects of intellectual property and the corresponding legal
regimes through which intellectual property is protected. The American model is characterized by a high level
of protectionism in the pharmaceutical and medical industries and a more advanced mechanism for protecting
intellectual property rights. Litigation plays a key role in the interpretation of regulations, and trademarks are
intensively used to protect intellectual property rights in the field of medicine. The improvement of the Russian
mechanism for the protection of intellectual property in medicine should take into account the successful for-
eign experience of industry protectionism.
Keywords: intellectual property, protection of intellectual rights, medicine, Russia, USA.