Sources of law in the innovation sphere. Sources of legal regulation of relations related to the implementation of innovation activities Classification of sources of law in the field of innovation activities

Practical lesson plans

On innovation law

Topic 1.

Questions to the topic:

Topic 2

Legal regulation of scientific activities

Questions to the topic:

1. The concept of scientific activity.

2. Legislation on science and state scientific and technical policy.

3. Subjects of scientific activity.

4.Objects of scientific activity.

5.Rights and responsibilities of scientific workers.

The lesson is conducted in the form of a business game, during which:

1. Students are instructed to speak in a youth audience and reveal what is meant by scientific activity, followed by a discussion of the topic.

2. Listen to and discuss 2-3 abstracts.

Prepare an essay on one of the topics:

1. Legislation on science and science and technology policy.

2. Legal status of scientific organizations.

3. Objects of scientific activity.

Security questions

1. What is the relationship between the concepts “Fundamental scientific research”, “scientific and technical result”, “scientific and technical products”, “Applied scientific research”?

2. In the process of carrying out scientific research, it was discovered that it was impossible to obtain the expected result. The customer paid the contractor 500 thousand rubles under the contract. What rights and obligations do the customer and the contractor have in this case? Is compensation for damages possible and in what form?

5. Professor I.Yu. Yurin refused to continue scientific research and prepare his conclusion on the topic of scientific research due to the fact that the use of the results of this research could harm the ecology of the region in which he lives. Is there any legal basis for such a refusal? List the rights and responsibilities of scientific workers.

Topic 3.

Innovation legislation

Questions to the topic:

1. Development of legislation on innovation activities.

2. Sources of innovation law.

3. The relationship between innovation legislation and intellectual property legislation.

4. The relationship between innovation legislation and legislation on entrepreneurial and commercial activities.

The lesson is conducted in the form of an innovative game, during which the procedures for preparing and adopting the Regulations on innovation activity in a specific business entity (limited liability company, limited partnership, general partnership) are staged with an analysis of the current legislation on innovation activity and modeling of an ideal situation.

Assignments for self-study of the topic:

Create a logical diagram of the knowledge base:

1. Preparation of the concept of legislative support for innovation activities.

2. Structure of the draft law on innovation activity.

3. Formation of certain provisions of the Law on Innovation Activity (the concept of innovation activity, the legal status of subjects, objects of innovation activity, responsibility in the innovation sphere, etc.).

Security questions

1. How was the Concept of Innovation Policy of the Russian Federation for 1998-2000 developed?

1. What do you know about the draft laws submitted for discussion by legislative bodies related to the legal regulation of innovation activities?

2. How do you assess the current state of ensuring legislative regulation of innovation activities?

Topic 4.

Topic 5.

Topic 6

Topic 7

Topic 8

International and regional agreements related to the regulation of innovation activities

Questions to the topic:

1. Berne Convention for the Protection of Literary and Artistic Works (1886). Universal (Geneva) Copyright Convention (1952).

2. Paris Convention for the Protection of Industrial Property (1883) Patent Cooperation Agreement (PCT).

3.Eurasian Patent Convention.

4. The significance of Russia's accession to the WTO. Agreement on Trade-Related Aspects of Intellectual Activities (TRIPS).

During the lesson:

1. A discussion is held to discuss the basic principles of international agreements on the protection of industrial property.

2. Listen to and discuss 2-3 abstracts.

Assignments for self-study of the topic:

1. Prepare an analysis of the international TRIPS agreement.

2. Prepare an abstract on one of the topics:

International agreements on industrial property.

The influence of international treaties on the patenting of Russian inventions abroad.

Current trends in the development of international relations in terms of legal regulation of innovation activities. Russia's accession to the WTO.

Russia's participation in the agreement on trade-related aspects of intellectual property

Security questions

1.On what principles are international copyright protection agreements based?

2.What is the significance of conventional priority for recognizing priority for the authors of inventions?

3.How is a patent issued under the PCT system?

4. What are the features of registration of protection documents within the framework of the Eurasian Patent Convention?

5. What are the main provisions of the international agreement on the legal aspects of intellectual property (TRIPS)?

Practical lesson plans

On innovation law

Topic 1.

Concept, subject and method of innovation law. Innovation activities.

Questions to the topic:

1. The concept, necessity and economic essence of innovative activity in society.

2. History and development of doctrines on innovation.

3. The main stages of development of innovative activity in Russia.

4. Concept, subject and method of innovation law. The place of innovation law in the legal system.

5. Norms of innovation law.

6. Innovative legal relationship.

7. Main stages of the innovation cycle.

The regulation of innovation processes is predetermined by their increased weight in the economy and development of society. Any innovative activity is based on the search for new ideas and their evaluation, the necessary resources, the creation and management of an economic entity, generating income and satisfaction with the result of innovation.

Legal insecurity of innovation processes leads to a weakening of interest in innovation, an increase in the risks associated with these processes, which determines the area of ​​innovation as insufficiently attractive and developing.

The importance of legal regulation in the field of innovation processes was noted by N.A. Divueva. in the article “Issues of normative and legal regulation of innovation activity in terms of managing the selection of projects in the field of science,” which states that “the normative and legal framework of innovation activity must ensure the policy pursued by the state in this area. The main instruments of this policy are federal laws, decrees of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation."

One of the effective points is the creation of new industries, the emergence of production, which leads to an increase in the image of the economy and the state as a whole.

The policy of the Russian Federation in terms of innovation processes and the development of the innovation system is determined by public-private partnership and is aimed at effective innovation activities. The public-private partnership model is based on pooling resources and sharing risks based on agreements with partners.

State innovation policy in industrialized countries is aimed at a favorable impact and support of the economic climate, the relationship between innovation processes, production, and education.

The role of the state is reduced to developing a strategy for scientific and technological policy, including:

Optimization of legislative acts related to patent rights: creation of laws on compliance with product quality, consumer protection, antitrust legislation;

Improving legislation in the field of indirect measures affecting innovation processes (targeted tax and depreciation policies).

Significant importance in legal regulation should be given to financing issues. Considering the financing of scientific development in leading countries, it can be noted that the state finances up to half or more of the costs of research work. Compensation of costs can occur through preferential lending. Preferential innovative lending represents financial support for innovative activities, providing for the provision of preferential loans, grants or compensation of bank interest (in whole or in part) in the case of the loan being used to finance investments in innovative processes.

The government invests in innovation in basic research conducted in public laboratories; serious attention is paid to long-term projects in the field of private entrepreneurship. Investment is carried out in the form of budgetary allocations for specific projects (use of program-targeted contract financing).

Program-targeted financing involves the systematic allocation of financial resources for long-term programs, the direction of which is determined by the solution of social economic problems. The effective functioning of this mechanism is predetermined by the following principles: unity of approaches to the formation of funds for financing the innovation program; optimal distribution of resources in various areas of innovation processes; adaptive flexibility in the implementation of the program of innovative processes.

Contract financing is the allocation of funds secured by rights - claims under contracts.

Regulatory and legal support should be aimed at regulating the innovation cycle, which is the transformation of scientific knowledge into innovation. Each stage of the innovation cycle requires a legislative approach, as it includes the emergence of an idea, fundamental and applied research, the development of industrial designs, the commercialization of innovative ideas, the production and sale of innovative products. Each stage carries certain relationships that require legal regulation. So, we can conclude that regulatory and legal influence should focus on regulating the following points:

1. In the process of the emergence of an idea;

2. In the process of transforming an idea into a material innovation;

3. In the process of transferring the right to use a scientific result.

The structural and legal mechanism of innovation activity can be represented by two interconnected legal blocks. The first block includes norms that ensure a clear organization of relations in the field of innovation and the effectiveness of their application in accordance with the needs of society. The second block will combine norms for managing innovation processes.

The most important aspect that deserves special attention is the protection of intellectual property - a set of copyright and other rights to the results of innovative activities protected by state legislative acts.

Legal support for innovation processes should be built on the creation of conditions that encourage the development and implementation of innovations and increase the demand for innovative products.

The system of normative legal regulation of innovation in the Russian Federation consists of a whole complex of normative legal acts.

The levels of legal regulation are presented in Figure 1.

Regulatory and legal factors of state regulation of innovation activity are: the legal basis for the relationship between subjects of innovation activity, guarantee of rights and maintenance of the interests of subjects of innovation activity.

Regulation of innovation activities is carried out through the application of the norms of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, and international treaties.

Figure 1 - Levels of legal regulation in the Russian Federation

Innovation processes at the level of constituent entities of the Russian Federation are considered from the point of view of stimulation, financing, and support of innovation processes. State authorities of the constituent entities of the Russian Federation are developing regional and interregional innovation programs, and are adopting regulations regulating certain issues of innovation activity. Regulatory and legal regulation of innovation processes at the regional level should be built on a system of unity of goals, regulatory objectives, and parallelism of other legal acts.

The set of actions for the legal regulation of innovation at the regional level should be determined by the following specifics:

Features of the region, development of production, powers of authorities, sources of financing;

Interactions between government bodies of the Russian Federation, representatives of scientific and higher education institutions, representatives of business and public organizations;

The ability to develop and apply programs in the field of development of innovative activities. Tracking highly qualified specialists - performers, responsible persons for the progress of work.

Considering by-laws, the following features can be noted: firstly, these documents are issued in accordance with the law; secondly, they regulate certain specific aspects of social relations.

Acts of local regulation play a significant role in enhancing innovation activity. Local acts are adopted by the subject that implements them, determining the ability to flexibly respond to the changing conditions of innovation processes.

Having paid attention to the issues of legal regulation of innovation processes, we can conclude that the area of ​​development, systematization and development of innovation legislation should be aimed at ensuring:

1. Development of fundamental science, applied research, systems for the formation of long-term forecasting, prioritization of scientific, technical and innovative activities. In the letter of the President of the Russian Federation No. Pr-576, the strategic component of the development of society is fundamental science, the result of which is economic growth and sustainable development of the state, which is ensured by:

State support for fundamental, social and humanitarian research;

Preservation and support of scientific and scientific-technical schools;

Development of research, design, experimental base;

Improving the information infrastructure;

2.Increasing the efficiency of using the results of scientific and scientific-technical activities. Involving the results of innovative processes into economic circulation and increasing the adaptive capacity of introduced innovations should be based on:

On the creation of a system for recording informative data on scientific research and scientific and technical activities;

State stimulation of the creation, legal protection, defense and use of the results of scientific and scientific-technical activities;

Regulatory and legal regulation of mechanisms for transferring to developers, investors, and business entities the rights to the results of scientific and scientific-technical activities when introducing them into economic circulation;

Strengthening the procedure for accounting, inventory, depreciation and taxation of intellectual property;

3. Formation of markets for the consumption of scientific and technical products (creation of a system of government orders, stimulation of investment in the innovation sector). The system of government orders should be built on the effective provision of results that best meet the customer’s expectations, full satisfaction of public needs under existing financial and production restrictions. The development of mechanisms for stimulating factors for investment in the innovation sector should be based on organizational and legal mechanisms that help attract funds from Russian and foreign structures to finance innovation processes, taking into account the implementation of existing state guarantees, risk insurance, minimizing risks and losses of investors;

4.Protection of the results of intellectual activity (RIA). Ensuring the protection of the results of intellectual activity through state registration of the exclusive right to intellectual property activates innovation, has a stimulating effect on authors, creative teams, and protects third parties from unauthorized use of the results of the innovation process. In the Russian Federation, issues of legal protection and protection of intellectual property are regulated by international treaties, the Civil Code of the Russian Federation, agreements, and regulatory legal acts;

5.Improving the mechanisms of public-private partnership in the innovation sphere and regulating the interaction between participants in the innovation process. The effective functioning of innovation systems is typical in the case of close interaction between the state and the business community, scientific and educational institutions, and the relationship between enterprises. Partnerships between the private and public sectors of the economy highlight the key components of the new innovation policy, since, if properly organized, they provide additional benefits from investing in public research;

6. Development of human resources in scientific, technical and innovation complexes. The presence of competent, highly qualified personnel allows us to ensure the professional development and implementation of innovations from the idea stage to commercialization. The success of human resource activities is possible in conditions of coordination of actions of government bodies, educational institutions, business representatives, and developed social infrastructure. The possibility of using professional skills and the interest of the younger generation in the formation of an innovative society are brought to the fore.

7. Borrowing the experience of foreign countries in promoting innovation processes. The experience of foreign countries shows that a central place in innovation processes is given to the creation of conditions for preferential lending and taxation, insurance, and protection of industrial and intellectual property. Particular attention is paid to the development of technology park structures, the main task of which is to provide a variety of services and create the most favorable conditions for innovative enterprises by combining the efforts of educational institutions, research centers, and enterprises. Established legislative norms in Western countries secure the rights of inventors to receive “innovation rent” - payment for the use of an invention, which activates the creation of innovations. One of the main issues is financing innovative solutions. To stimulate investment processes in innovative technologies, the tax for newly entering the market enterprises operating in this area is reduced.

Sources of legal regulation of innovation activities

Previously, the regulation of (then scientific) innovation activity was quite chaotic: there was no single law, but there were many by-laws of various ministries and departments. There is no basic regulatory act even now: Federal Law “On the status of the science city of the Russian Federation”, “On special economic zones of the Russian Federation”, “On the Russian corporation “Nanotechnologies””, “On the scientific center “Skolkovo”, as well as many by-laws.

This form should be understood as an internally ordered combination of forces, resources and means through which the goals of an innovative project are achieved. Such an association is characterized by a certain hierarchical structure and a management mechanism corresponding to the structure of the innovation process, that is, it is not an organizational and legal form of a legal entity.

The current legislation provides for various organizational forms, the most powerful of which are science cities (“technopolises”), that is, a complex of scientific organizations engaged in fundamental and applied research, universities, industrial enterprises, etc., concentrated within the boundaries of one region, focused on the creation and implementation of innovations.

Technopolises first appeared in the USA (“Silicon Valley” around Stanford University). In the Russian Federation, a science city is considered to be a municipality that has high scientific and technical potential with a city-forming scientific and production complex (a set of organizations carrying out scientific, scientific, technical and other activities). The research and production complex must be located on the territory of the Moscow Region, be a city-forming complex, and meet the requirements established by law.

The status of a science city has been assigned by the Government of the Russian Federation since January 1, 2005 (before that - by decree of the President of the Russian Federation). Now there are 65 urban and rural settlements located in the main settlement zone in the country. This status gives the right to receive subsidies from the federal budget. Currently creating the Skolkovo Innovation Center.

The next form is technology-innovation special economic zones (this is one of the types of economic zones, the generic feature of which is the presence of a special regime for the implementation of business activities in a certain territory; they borrowed the experience of China and Singapore).

Today on the territory of the Russian Federation there are 4 technology-implementation special economic zones in Dubna, Zelenograd, Tomsk, and Naidorf.

Technology and science parks are already smaller-scale structures. These are research and production territorial complexes, including scientific institutions, universities, industrial enterprises, small knowledge-intensive firms and service services.

Technology and science parks operate on the basis of the commercialization of scientific and scientific-technical activities. Their goal is to promote small innovative forms and their development, the implementation of scientific and scientific-technical products ready for placement on the market, and the creation of new types of production.

The Science Park is a structure operating in accordance with cooperation agreements with universities and research centers.

Innovative enterprises at scientific and educational institutions. They must be created and function in accordance with the law on the issue of creation of organizations by government agencies for the purpose of practical application of the results of intellectual activity, the rights to which belong to these institutions (scientific and educational institutions).

Business incubators (incubator-type parks) are multifunctional complexes that provide an extensive range of innovative and training services to client companies, which, depending on their technological profile and production orientation, purchase these services while simultaneously renting incubator premises. The self-sufficiency of a business incubator is ensured by the future profits of such client firms.

Engineering, implementation and venture organizations are small innovative enterprises that, compared to large forms, have greater opportunities in the field of commercialization of the results of scientific and scientific-technical activities due to their willingness to take greater risks and narrower subject specialization

Engineering organizations are engaged in the development of innovations to the stage of their industrial implementation, and also provide consultations and provide services in the process of introducing new developments (the concept of engineering activities is in the Decree of the Government of the Russian Federation No. 1207 of 1995). There are technological, general and consulting engineering.

Implementation organizations promote promising inventions to the market, created by individual inventors, as well as through the production in small batches of individual products embodying protected industrial property objects.

Venture organizations are created to bring the most risky innovations to the stage of industrial implementation; can be created for a specific purpose or promising idea. Their activities are financed by large companies that do not dare to implement any project due to its risk (there is no guarantee of return of funds).

General characteristics of innovation activities

Innovative activity in a general sense should be understood as activity directly related to the creation and use of an intellectual product, bringing new original ideas to their implementation as finished products. As a rule, it is focused on transforming the results of scientific activity.

Definition 1

Innovation activity is a process focused on the practical implementation of the results of completed scientific research and development, as well as other achievements of a scientific and practical nature in the form of new or improved products or processes introduced into the market, as well as additional scientific developments associated with them. The central element of innovation activity is the development, planning and implementation of innovations.

Innovation is the end result of innovative activity and represents a new or improved product sold on the market, technology or process used in practical activities. Simply put, this is an innovation that is actually used in practical activities and is in demand by the market, that is, commercialized.

The main features of innovative activity are:

• independence;
• risky nature;
• profit orientation, especially in the long term.

Making a profit, in turn, is possible only in cases where the final product of innovation is sold on the market, and its value directly depends on its quality.

Fundamentals of legal regulation of innovation activities

The implementation of innovative activities, its boundaries, rules of organization and protection are regulated at the level of current legislation. The sources of its legal regulation are regulations that have different legal force and industry affiliation. In general terms, the basics of legal regulation of innovation activity are presented in Figure 1.

Figure 1. Fundamentals of legal regulation of innovation activities. Author24 - online exchange of student work

The foundations of legal regulation of innovation activity are consolidated in the current regulatory framework. The regulatory framework represents the entire set of legislative and by-laws that regulate individual aspects and issues of innovation. Its compliance is ensured by law enforcement practice. In case of violation of established rights, subjects of innovative activity turn to the judicial authorities for their protection.

The mechanism of legal regulation of innovation activity is presented in Figure 2. Let us consider it in more detail.

Figure 2. Mechanism of legal regulation of innovation activities. Author24 - online exchange of student work

The regulatory framework for innovation activities forms the legal basis for its implementation. Current laws, by-laws and regulations create certain rights and responsibilities for participants in innovation activities. In the process of implementing innovative activities, their implementation is ensured. Violation of the rights and obligations of participants in innovation activities entails corresponding regulatory and legal consequences.

Legislative framework for the legal regulation of innovation activities

The system of sources of legal regulation in the sphere of innovation is formed on the basis of laws, by-laws, programmatic and declarative regulations. The latter, in turn, include concepts, strategies and development programs.

The basis for the legal regulation of innovation activity is the Constitution and Civil Code of the Russian Federation. The primary basis of civil legislation is formed on the basis of the Constitution. Civil legislation includes:

• intellectual property laws;
• copyright laws;
• patent law.

Legal protection of the results of innovative activities is ensured through state registration of intellectual rights to new inventions and technologies in the relevant patent and trademark committees.

Certain elements of the legal regulation of innovation activity are reflected in the law “On the development of small and medium-sized enterprises in Russia.” In particular, the law assumes the need to provide small and medium-sized businesses involved in innovation activities with support from the state.

State support for innovation activities, issues of its organization and provision are enshrined in the relevant federal law “On Science and State Scientific Policy.”

State support for innovation activity is a set of measures implemented by government authorities and aimed at creating the necessary conditions of a legal, economic and organizational nature, as well as incentives for individuals and legal entities who carry out innovative activities.

Note 1

The main goal of providing such support is considered to be the modernization of the Russian economy, ensuring the competitiveness of domestic goods and services, as well as a general improvement in the quality of life of the population.

Despite the presence of certain legal mechanisms for regulating innovation activity, the legislative system in this area has not yet been fully formed. There are no special rules of law ensuring and regulating the innovative development of small innovative enterprises. At the legislative level, the circle of persons taking part in the innovation process is not established. Financial issues of ensuring the development and implementation of innovative projects are not regulated.

Know: legislation on scientific, technical and innovative activities; concept and signs of innovative activity; directions of state regulation of innovation activity.

Be able to: identify signs of innovation activity, measures of state support for innovation activity; qualify contracts related to innovation activities.

Possess: skills in drafting contracts related to innovation activities; skills in preparing documents related to obtaining government support for innovation activities

Concept and signs of innovative activity

In the USSR, under the conditions of a planned economy, production as a whole was indifferent to scientific and technological progress, there was no desire to master advanced achievements of science and technology (exceptions were successes in space exploration and in the military-industrial complex). Unfortunately, the country's entry into market relations in the early 90s. The last century did not lead to a sharp leap in the development and application of new technologies, or the appearance on the market of Russian goods that correspond to world standards.

In connection with Russia's accession to the WTO and the sanctions applied to Russia, the problem of the country's departure from raw materials dependence, increasing the competitiveness of national goods and services, and ensuring import substitution is becoming especially acute. Accordingly, the role of legal regulation of innovation activity and its support from the state is increasing.

The most important direction of Russia's economic policy is the transition of the economy to an innovative path of development.

The Strategy for Innovative Development of the Russian Federation for the period until 2020 defines indicators upon achievement of which our economy will be innovative (and not resource-based).

Such indicators, in particular, include:

• increasing Russia's share in global markets for high-tech goods and services (nuclear energy, aircraft, space technology and services, special shipbuilding, etc.) to 5-10% in 5-7 or more sectors of the economy by 2020;
• increasing the share of innovative products in the total volume of industrial products to 25-35% by 2020 (in 2010 - 4.9%).

The previously developed Strategy for the Development of Science and Innovation in the Russian Federation for the period until 2015 included targets for the commercialization of developments and general innovative activity of business, but was more aimed at supporting proposals in the field of scientific research and development.

Please note that the new Strategy focuses on the development innovation activity industrial production enterprises. Insufficient attention to solving problems of supporting the innovative activity of industrial enterprises, innovation in the regions, and a number of other tasks did not allow us to ensure the necessary complexity of the approach to the development of the country's innovation system.

As a result, the key problem at present is the generally low demand for innovation in the Russian economy, as well as its inefficient structure - many entrepreneurs prefer to purchase finished equipment abroad to the detriment of introducing their own new developments.

In legal acts at various levels it was noted two approaches to defining innovation activity:

a) this is a scientific and technical activity, as a result of which the result of intellectual activity and innovation is created, which leads to the creation of new goods sold on the market. The first act that reflected this approach was the Letter of the Innovation Council under the Council of Ministers of the RSFSR dated April 19, 1991 No. 14-448, the Ministry of Finance of the RSFSR dated May 14, 1991 No. 16/135B “On innovative (implementation) areas of activity.”

In accordance with this Letter, innovation (implementation) was considered to be the activity of creating and using an intellectual product, bringing new original ideas to their sale in the form of a finished product on the market. As we see, although innovation and implementation activities were defined as synonyms, in fact, innovation activity was not limited to the implementation of a finished scientific result, but also covered the creation of this result.

For tax purposes, in order to stimulate activity with the help of tax benefits, the following types of activities were classified as innovative:

• - organization of examinations, replication of scientific and technical developments, scientific works, discoveries, industrial designs, trademarks, commercial designations and other works that are subject to internationally recognized rights related to intellectual property in the field of science and technology;
• - patent and licensing activities.

It is clear that the replication of these “works,” as well as the patent and licensing activities of the state, can hardly be classified as innovative activities.

This clarification was proposed to be used as a guide when resolving issues regarding the provision of statutory benefits for taxation of profits of small innovative enterprises (subparagraph “b” of paragraph 8 of Article 6 of the USSR Law “On taxes on enterprises, associations and organizations”),

b) innovative activity begins from the moment of acceptance for implementation of an already created, ready-made result of intellectual activity, that is, innovative activity was defined more narrowly, its beginning was associated with the fact of introducing an already existing, completed scientific and technical research, development into a new or improved product, technological process sold on the market.

In accordance with Art. 2 of the Law on Science, innovation is understood as activity (including scientific, technological, organizational, financial and commercial) aimed at implementing innovative projects, as well as creating innovative infrastructure and ensuring its activities.

Innovation is defined by this law as the introduction of a new or significantly improved product (good, service) or process, a new sales method or a new organizational method in the business practice of workplace organization or in external relations. The creation of such innovations as new types of goods (services) and technologies is especially important for us.

As we can see, this Law took a broad approach - innovative activity begins with the creation of a scientific result and ends with the appearance on the market of goods and technologies in which scientific innovations are embodied.

Different approaches to defining innovation activity in regulatory legal acts are reflected in the doctrine: there are different points of view regarding the concept innovation activity.

Most often, innovation activity is defined as a broad concept, including the creation of a result of intellectual activity and the embodiment of this result in new types of goods 1, as successively changing legal relations, mediating actions, during which innovation matures from an idea to a specific product, technology or service and extends to market through its commercialization. This refers, first of all, to applied research, that is, research aimed primarily at applying new knowledge to achieve practical goals and solve specific problems. Sometimes fundamental research work is also classified as innovative activity, the knowledge obtained as a result of which is used in carrying out experimental design work, which in turn ends in the development of a project to promote innovations to the market.

Less commonly, it is defined as activities aimed at using and commercializing the results of scientific research and development to expand and update the range and improve the quality of products (goods, services, works), improve the technology of their production, followed by implementation and effective sales in the domestic and foreign markets. In this case, innovative activity cuts off scientific and technical activity; it begins with the practical use of already created, existing results of intellectual activity.

It must be borne in mind that scientific and innovative activities are fundamentally different types of activity. Scientific (research) activities are aimed at obtaining and applying new knowledge.

We believe that innovation is entrepreneurial activity based on the application (introduction) of the results of scientific and technical activities (for example, inventions). If an organization has introduced a new product and moves on to the production of a new product, it continues its production activities, but at a qualitatively different level - an innovative level. Innovative activities are carried out by those who produce innovations. Innovation is the introduction of a new or significantly improved product (product, service) or process, a new sales method or a new organizational method in business practice, workplace organization or in external relations (Article 2 of the Law on Science).

Note that the Law on Industrial Policy distinguishes between scientific, technical and innovative activities. Yes, Art. 12 speaks of support for scientific, technical and innovative activities in the implementation of industrial policy.

Innovation activity is characterized by the following signs:

• 1) the immediate (immediate) goal of this activity is the embodiment of an idea, scientific and technical result into new types of goods, services, and technologies. This goal is achieved at the implementation stage (practical use of the result of intellectual activity). At this stage, prototypes are created in the production conditions of an economic entity, they are tested, personnel are trained to work on new equipment, with new materials, etc. At this stage, the production of industrial products is mastered, that is, measures are taken to ensure the training of subjects of activity in the field industry (hereinafter also referred to as industrial enterprises) for the production of industrial products that they have not previously produced or a significant increase in the number of previously produced industrial products, and including preparation for the commissioning of fixed assets and their commissioning, development and testing of technological processes, mastery of practical skills in the production of industrial products (clause 10, article 3 of the Law on Industrial Policy);
• 2) the ultimate goal is to make a profit. This goal is achieved at the stage of manufacturing and releasing new products to the market, using new technologies that embody scientific and technical results. This stage ends when the innovation project pays off;
• 3) is based on the application of scientific and technical results, including the results of intellectual activity. The Law on Industrial Policy sets the task (Article 4) to encourage subjects of activity in the industrial sector to implement the results of intellectual activity and master the production of innovative industrial products.

It must be borne in mind that not every scientific and technical result meets the criteria of practical applicability. After all, it can be created in a form understandable only to the developer. It can be recorded on any information medium, for example in the form of drawings, a report submitted by an employee to the head of the organization. Not all such scientific results, even if they are patentable, find practical application. If, for example, a scientific organization whose employees created a scientific and technical development is not a participant in an innovation project, its developments may not be in demand. The reasons for this are, in particular, the lack of experience in commercializing scientific results among developers and the lack of interest in their practical application among business entities. A scientific result brought to the point of possibility of practical application is accepted for implementation. This is achieved by describing the areas, methods of use, and the algorithm of actions to implement the result. If the developer has the necessary conditions, this stage can be completed by creating a prototype. The scientific and technical result, transformed into scientific and technical products, is being implemented.

Scientific and (or) scientific and technical products are scientific and (or) scientific and technical results, including the result of intellectual activity, intended for implementation (Article 2 of the Law on Science).

Innovation activity - production activity, carried out with information and consulting support from the creator of scientific and technical products. It is different from scientific activity.

Scientific activity is of a creative nature and is carried out by persons professionally and creatively prepared for this.

At the stage of manufacturing new products and their sale on the market, representatives of scientific organizations - developers are invited, if necessary, to advise on the elimination of shortcomings that have emerged during the use of new products by consumers.

Innovative activities are carried out on the basis and in execution of an innovative project. An innovation project is a set of measures aimed at achieving economic effect for the implementation of innovations, including the commercialization of scientific and scientific-technical results (Article 2 of the Law on Science). The law does not disclose, with the exception of the commercialization of a scientific and technical result, what activities constitute the content of an innovation project.

An innovative project can also be defined as a set of legally significant actions that must be performed by performers of scientific and technical work, customers, and users of the results of intellectual activity, which ultimately lead to the appearance on the market of new types of products, services, and technologies within a specified time frame. An important condition for ensuring the continuity of the cycle from the creation of an intellectual property object (for example, an invention) to the manufacture of goods in which it is embodied is project financing.

An innovative project can be developed by an economic entity and implemented by it independently. If, for example, a commercial organization has a scientific division, then within the organization scientific and technical results are created, on their basis new products are produced or existing ones are improved. Within an organization, an innovative project can be formalized by an order indicating the responsible persons at all stages of innovative activity, from the creation of scientific and technical results to the production and sale of innovative goods.

It is possible to combine investment and innovation activities in one project (innovation-oriented investment project). For example, a special investment contract (Article 16 of the Industrial Policy Law) may contain a list of measures aimed at creating or modernizing and (or) mastering the production of industrial products that have no analogues in the Russian Federation.

Relationships between scientific, technical and production organizations are built on the basis of contracts.

• Strategy, approved. by order of the Government of the Russian Federation of December 8, 2011 No. 2227-r. //NW RF. 2012. No. 1. Art. 216.
• Decree of the Government of the Russian Federation of July 24, 1998 No. 832 “On the Concept of Innovation Policy of the Russian Federation for 1998-2000” // SZ RF. 1998.No. 32. Art. 3886; Law of Moscow dated July 7, 2004 No. 45 “On innovative activities in the city of Moscow” (the law has lost force).
• Commercialization is an activity to involve scientific and technical results in economic turnover. This is achieved by transferring the right to use it to business entities on the basis, for example, of a license agreement. Commercialization involves market monitoring and advertising.