Strategic management of intellectual property for technology as an object of civil law relations

Abstract

Problem setting. The emergence of new technologies, competition, and market instability necessitate solving the problems of adapting an enterprise to external changes in the process of achieving strategic goals to ensure a sustainable and competitive existence, as well as adapting to rapid changes in the context of new technologies. However, strategic management of intellectual property for technology as an object of civil law relations by an enterprise on the basis of a single strategy is not always effective. Analysis of recent researches and publications on the topic shows that many scholars have studied the theoretical, methodological and practical essence of intellectual property strategies and intellectual property management. Thus, the type and nature of the interaction between technology and strategy have been effectively considered by Itami H., Numagami T. Raghavan M., Jain K., Jha S. K., considering the interaction of strategy and technology, based their conclusions on an interdisciplinary study of the strategy of sharing and intellectual property. Soares M. N., Kauffman M. E. developed an intellectual property strategy based on the company’s strategy and business model. Berge E., Kranakis E. in their publication tried to change the position of intellectual property from its current role as a factor of static capital (monopolistic power of the innovator) to a factor of dynamic efficiency (knowledge available to the public for further research). The authors also emphasized the effectiveness of the technology strategy and its coordination with the intellectual property strategy. Maslak V. M., Kobeleva A. V. and Pererva P. G. analyzed the most commonly used strategies for technology commercialization. Somaya D. made a study of patent strategy. Chaikina A. O., Shakun I. V. paid attention to the strategy of socio-economic development of the enterprise. The following scholars have devoted their works to the problems of strategic management and planning of enterprise development: Mikhailenko O. V., Garnaga V. V., Polyukhovych M. V. The issues of strategic management of intellectual property were studied by Kornilova I. M., Olikh L. A., Fedulova L. I. However, there are a number of unresolved issues related to the lack of a unified view of IP strategies, strategic management of technologies as IPR at an enterprise, uncertainty of factors influencing the effectiveness of the technology strategy and its alignment with the IP strategy, and debate on approaches to the formation and implementation of various IP management strategies at an enterprise. The purpose of the research is to determine the aspects of strategic management of intellectual property rights to technology as an object of civil law relations. And the focus of this study will be on an enterprise which will use strategic management of intellectual property for technology as an object of civil law relations in its activities. The novelty of the work lies in the author’s determination of the specifics of combining by an enterprise in its activities of intellectual property management strategies for technology as an object, which will allow to realize the set strategic goals for sustainable and competitive existence, as well as adaptation to rapid changes within the framework of new technologies. Article’s main body. The study has led to the conclusion that a meaningful definition of strategy can be a tool for achieving goals. The article emphasizes that, from the perspective of supporting a particular technological innovation, expansion of patentable objects, protection of intellectual property rights, and sharing of technologies indicate that there is cooperation in innovation between the subjects of innovation activity, and patent pools act as an important link between technologies and the intellectual property strategy of an enterprise. Conclusions and prospects for development. It is determined that since technologies remain important results of scientific and technical activities and relevant strategic resources, it is very important for an enterprise to combine in its activities an intellectual property strategy, a strategy for managing technological intellectual property and a patent strategy as part of an intellectual property strategy to maintain its competitive advantages. It is noted that the technology strategy is more focused on the technology itself, which is the result of scientific and technical activities or a resource (acquisition and use of technology) and can be involved together with the strategy of commercialization of technology rights. The combination of various strategies for managing intellectual property rights to technology as an object of civil law relations by an enterprise in its activities will allow it to realize its strategic goals of sustainable and competitive existence, as well as adaptation to rapid changes in new technologies. The types of strategies that an enterprise may implement with regard to the use of rights to technology as an object of civil law relations presented in this study are not exhaustive and do not exhaust the possible criteria for allocating other types of strategies. Prospects for further research are the criteria for allocating other types of strategies for combining the use of technology rights as an object of civil law relations.