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1.3

THE INSTITUTE OF SECRET INVENTIONS: A FACTOR OF THE NATIONAL SECURITY

G.A. ANDROSHCHUK
https://orcid.org/0000-0003-0781-9740
Research Institute of Intellectual Property of the National Academy of legal Sciences of Ukraine

Nauka naukozn. 2020, 4(110): 24-43
https://doi.org/10.15407/sofs2020.04.024

Section: Science and Innovation-driven development of economy and society
Language: Ukrainian
Abstract: The paper provides an economic and legal analysis of the creation and functioning of the institution of secret inventions in the leading countries of the world and Ukraine, with outlining its role in economic development and national security. The strategic significance and importance of secret inventions for the national economy and security are considered, economic and statistical indicators, organizational and economic aspects of classification and the importance of timely declassification of inventions for the economic development and world science are analyzed. The purpose of the legal protection of secret inventions is highlighted.

Regulation of secret inventions in foreign countries with well-established patent systems (USA, Great Britain, Germany, France, Poland) is carried out within the framework of national patent laws regulating the legal protection of inventions. It is shown that during the 20th century the Institute of Secret Inventions made a huge contribution to strengthening the national security of such leading countries as the United States, Great Britain, Germany, and France. In the former USSR, the institution of secret inventions was an essential element in the system of secrecy regime, largely ensuring the possibility of achieving and then containing the military-technical parity between the USSR and the United States. The obvious need for its further preservation in these countries does not raise doubts among specialists. An analysis of the current state of affairs indicates that the leading countries of the world have not only preserved their national institutions of secret inventions, but also continue to actively work to improve them. It is noted that the Laws of Ukraine “On the Protection of Rights to Inventions and Utility Models” and “On State Secrets” do not provide for the payment of monetary compensation to the owner of a secret invention for their decision to classify them, which makes it impossible to effectively use them in economic activity. A mechanism for determining the amount of compensation for classifying an invention is proposed. In institutions, organizations, enterprises of Ukraine, an inventory of inventions of the former USSR with the stamp “For official use” (“DSP”) and secret (about 250 thousand) belonging to Ukrainian applicants has not been carried out. The losses are analyzed, caused by Ukraine’s withdrawal from the Agreement on the Mutual Ensuring the Safety of Interstate Secrets in the Field of Legal Protection of Inventions, which prevented domestic researchers and designers from utilizing more than thousand advanced technical decisions in developing weapons and military equipment. It is recommended that this problem should be urgently resolved by the Ministry of Economic Development of Ukraine, jointly with the Ministry of Defense of Ukraine. The Ministry of Economic Development of Ukraine, together with the Ministry of Defense of Ukraine, is proposed to urgently resolve this problem. Taking into account the rapidly increasing scopes of patent applications in recent years worldwide (along with the increasing scopes of inventions aimed at the security and defense), the escalation of the international tensions, this economic and legal institution, dealing with issues of national security, will become increasingly important.

Keywords: secret invention, payment of compensation, state secret, security classification, intellectual property, national security, patent, regulation.

References

  1. Malitsky, B.A. (2014). Science, technology, innovation and national security: theoretical and applied aspects. Кyiv: “Sofia” 56 [in Ukrainian].
  2. Khromushina, E.V. (2004). Legal protection of secret inventions, utility models and industrial designs. PhD thesis. Moscow, 210. Retrieved from http://www.dslib.net/civil-pravo/pravovaja-ohrana-sekretnyh-izobretenij-poleznyh-modelej-i-promyshlennyh-obrazcov.html [in Russian] (last accessed: 07.04.2020).
  3. Evstafiev, V.F, Ivanushkin, S.V., Naumov, A.V. Secret inventions should be protected by the law. Retrieved from http://nvo.ng.ru/concepts/2001-10-19/4_inventions.html [in Russian] (last accessed: 08.04.2020).
  4. Schneider, E. (1957). The rise and fall of German science during the Second World War. In: Results of the Second World War. Collection of articles. Trans. from German. Moscow: Publishing House of Foreign Literature. Retrieved from http://www.collegian.ru/index.php/tiara/2002/32-2008-07-27-20-05-12.html [in Russian] (last accessed: 14.04.2020).
  5. Patent Cooperation Treaty Yearly Review 2019 The International Patent System. Retrieved from https: //www.wipo.int/edocs/pubdocs/en/wipo_pub_901_2019.pdf (last accessed: 14.04.2020).
  6. International applications and national security considerations. Retrieved from https://www.wipo.int/pct/en/texts/nat_sec.html (last accessed: 14.04.2020).
  7. Androshchuk, H.O., Rabotiahova, L.I. (2014). Patent law: international legal regulation. Kyiv: Research Institute of Intellectual Property of the National Academy of Law, “Interservice”, 480 [in Ukrainian].
  8. Androshchuk, H.O., Rabotiahova, L.I. (2018). Patent systems of foreign countries: structured analysis of legislation. National Academy of Legal Sciences of Ukraine, Research Institute of Intellectual Property. Kyiv: “Interservice” 214 [in Ukrainian].
  9. Salla, Michael E. Secret Presidential Memorandum issued to Declassify Anti-aging & Free Energy Technologies. Retrieved from https://www.exopolitics.org/tag/secret-patents/ (last accessed: 15.04.2020).
  10. Ukraine withdrew from the CIS Agreement on Secret Inventions Created in the USSR. Retrieved from https://defence-ua.com/index.php/home-page/7183-ukrayina-vyyshla-z-uhody-snd-pro-sekretni-vynakhody-stvoreni-v-srsr [in Ukrainian] (last accessed: 25.04.2019).
  11. Martens, J.A. (2010). Secret Patenting in the USSR and Russia. Santa Fe, N.M.: Deep North Press, 305.
  12. Martens, John A. History of Soviet and Russian secret inventions. Retrieved from http://www.john-martens.com/secret_patent_synopsis_rus.html (last accessed: 15.05.2020).
  13. Androshchuk, H.O., Demianenko, O.V., Zhyliaiev, I.B.б et al. (2008). White paper. Intellectual property in the innovative economy of Ukraine. Kyiv: Parliamentary Publishing House, 448 p., pp. 75–76 [in Ukrainia].
  14. Smirnov, V., and Rumyantseva, A. Poroshenko’s last crazy steps: Ukraine has withdrawn from the Agreement on the Protection of Interstate Secrets. Retrieved from https://russian.rt.com/ussr/article/624685-ukraina-sekretnost-izobreteniya-sssr [in Russian] (last accessed: 15.05.2020).
  15. Are there many secret inventions of the Soviet era left? Retrieved from http://www.aif.ru/society/science/mnogo_li_ostalos_sekretnyh_izobreteniy_vremyon_sssr [in Russian] (last accessed: 15.05.2020).
  16. Androshchuk, H.O. (2018). Technology transfer in the defense industry of Ukraine: problematic issues (part II). Science, technology, innovation, 2, 38–47 [in Ukrainian].
  17. Potikha, A. New strategy of national security of Ukraine in the conditions of external threat. Retrieved from http://nbuviap.gov.ua/index.php?option=com_content&view=article&id=1122:strategiya-natsionalnoji-bezpeki&catid=8&Itemid=350 [in Ukrainian] (last accessed: 18.05.2020).

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