Interaction between WTO and WIPO Bodies in the Field of

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Content: Взаимодействие органов ВТО и ВОИС в области защиты прав интеллектуальной собственности.rar 83,82 kB

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INTRODUCTION

Relevance of the research topic. At this stage of human development, the axiom is the inevitability of globalization processes in various spheres of human life: from cultural ties, to the economy. In this case, one of the main trends in the economies of developed countries, and thus the world economy as a whole, is the increase in the proportion of intellectual property. This fact has led to the need to create the necessary international legal instruments to regulate the protection of intellectual property at the interstate level. First of all, we are talking about the creation and operation of the World Intellectual Property Organization (hereinafter - WIPO) and signing a number of international treaties and agreements on various issues of protection and use of the relevant objects.
According to the Global Innovation Index for 2016 (the index for 2017 will be presented in mid-June 2017), Russia has risen by five positions compared to last year, taking 43rd place in the global ranking. At the same time, one of the criteria for this rating is the legislative framework and other factors related to it, such as the political situation and business environment. At the same time, if we examine the rating of Russia in the dynamics from 2014 to 2016, we will see that our country is steadily improving its position in the sub-index of innovation resources, but the country´s position in terms of efficiency of innovation activity is significantly weaker (69th place), which reflects the lack of effective implementation of the existing innovation potential. Thus, the quality of legislative regulation of intellectual property protection, among other factors, affects the efficiency of the innovation process in our country.
At the same time, legal regulation of innovation development in modern Russia is directly related to the relevant international legal mechanisms of intellectual property regulation through Russia´s participation in such organizations as WIPO and the International Trade Organization (hereinafter - WTO), which have ambiguous relations on the implementation and enforcement of intellectual property policy on a global scale.
This fact makes it necessary to analyze the legal framework and current trends of interaction, to identify existing contradictions and problems, to search for ways to solve them, which determines the relevance of the chosen topic of course work.
Degree of scientific development of the research topic. It should be noted that the interaction between WTO and WIPO has not yet been substantively studied in domestic science. There are separate studies devoted, for example, to the interaction of the WTO with other intergovernmental and non-governmental organizations (A.V. Shiyanov, 2004), in which the relationship of this organization with WIPO is considered partially. With respect to this author, it should be noted that the legal framework of cooperation between WIPO and the WTO has remained unchanged, except for specific programs in which such cooperation takes place. Therefore, this source should be considered partially relevant.
Among the topical works worthy of attention is also a monograph authored by L.P. Anufriev, V.A. Zhdanov, P.A. Kalinichenko and others on the theory and practice of the application of WTO law, published in 2016, an educational publication by L.A. Novoselova ("Intellectual Property Law", 2017),

Also, due to the precedent of international law, the relevant sources include the analysis of individual decisions on disputes within the framework of the WTO for 1952-2005, issued under the authorship of A.S. Smbatyan. In this edition, among others, the analysis of disputes in the field of intellectual property under the WTO, such as Europe v. USA on the issue of reproduction of phonograms of European performers in the USA and the patent dispute "Pharmacists v. India" was carried out.
Among the authors of individual publications we can single out D.V. Dvornikova (actua

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