期刊名称：GISAP: Economics, Jurisprudence and Management
印刷版ISSN：2053-6402
电子版ISSN：2053-6410
出版年度：2014
期号：4115
页码：25-26
出版社：International Academy of Science and Higher Education
摘要：During transition of technologies and property rights, patent and license trading it is necessary to set a “reasonable compensation” or a “reasonable royalty”. As a rule the amount of royalty is calculated in countries of the EU empirically. As for Georgia, without reliable statistical data foreign rates of royalty are used. This brings the problem of justification of separate economic indexes during calculation of the price for a patent or a license (applicable to our market conditions). Georgian experts have unstable position towards determination of the reasonable amount of benefits foregone or the damage from violation of intellectual property rights, as well as justification of “fair” license payments. Problems of assessment and price formation are manifested in connection with consideration (by general courts of Georgia) of judicial cases connected with complaints about reparation of damages caused by illegal use of intellectual property, at judicial determination of the size of reparation on the basis of the reasonable royalty and at determination of the cost of IP stated in the Patent Law of Georgia. The Patent Law of Georgia does not include special obligatory methods of assessment and recommendations on price formation during commercialization of intellectual property and calculation of the amount of damage (benefits foregone) caused by illegal use of intellectual property – this is a serious omission. The problem of assessment of patents, licenses and other objects of intellectual property in Georgia has arisen on the national level. It involves matters connected with exporting and customs supervision at implementation of international connections and trade, barter transactions during work, providing services and products of intellectual property expressed in physical form. In accordance with this the necessity of assessment and registration of products of intellectual activity is determined. In times of state regulation of patent and license trading and promotion of competence it is necessary to observe general European standards. Such norms should include: 1) establishment of quantitative limits in production of the patented goods or the use of the process; 2) cross-licensing connected with partition of the market or limitation of production; 3) keeping control over operations of the licensee set in the license agreement after the expiration of the patent; 4) prohibition to the licensee of selling products competing with the production of the licensor; 5) obligations to transfer all improvements made by the licensee in the licensed object towards licensor (in exclusive ownership); 6) prohibition of exporting from the territory of licensee to other countries of the EU if a licensor does not possess patents in these countries; 7) payment of the increased reward or fee for selling of goods in a way not presupposed by the agreement by the patent owner, licensee.
