Alexander V. Latyntsev

In Part 4 of Article 1349 of the Civil Code of the Russian Federation, the liver of the results of intellectual activity that cannot be objects of patent rights is fixed (the list of non-patent objects). Some bioethical principles have been fixed in this legal norm, which is certainly necessary in the context of the rapid development of biotechnologies. But from the point of view of law enforcement, this norm seems to be incomplete and requires specification. Moreover, as indicated in the article, these provisions of Russian civil legislation are not a very successful compilation of the provisions of the European declaration. 

The article presents the results of a comparative analysis of international agreements and norms of foreign law, according to the results of which the author made proposals for a significant change in the legal structure of Part 4 of Article 1349 of the Civil Code of the Russian Federation and its addition with relevant principles of bioethics, which it seems necessary to take into account in patent law in correspondence with the norms of special legislation. In addition, to increase the effectiveness and optimality of law enforcement practice, based on the results of a comparative analysis of concretized examples of patent prohibitions with the provisions of special laws in the field of health protection, legal algorithms for the application of these prohibitions, arising from their legal nature, were identified.

With the intensive spread of biotechnologies in recent years, there is an increasing need to specify and take into account the principles of bioethics in the regulation of various legal relations, including those that go beyond traditional areas such as supervision and control of biological research. Thus, the fourth part of the Civil Code of the Russian Federation establishes prohibitions on patenting and other state registration of intellectual property results that contradict public interests, principles of humanity and morality. But these principles are not specified in the legislation. At the same time, specifying and taking into account the principles of bioethics in civil law relations, including in the field of intellectual property, seems necessary in order to form a comprehensive intersectoral system of balancing the advantages and risks of new biotechnologies, in particular, preventing the use of legal mechanisms for the protection of intellectual property in violation of moral requirements. 

Based on the results of a comprehensive analysis of doctrinal and normative legal sources, the author comes to the conclusion that the list of bioethical principles to be taken into account in the legal system, in conditions of intensive development of biotechnologies and other scientific achievements, cannot be static, but is constantly expanding and changing, which must be taken into account when determining the rules of legal regulation. Moreover, it must be assumed that there is currently no universally recognized unified system of bioethical principles that could be applied as a basic model for accounting in intellectual property law. Taking into account the above, the author proposes a multilevel and intersectoral system of legal mechanisms for situational accounting of bioethics principles (both existing and those that may arise in the future) in the field of intellectual property.