Khvan T.S.
Pskov branch of Academy of Law and Management of the FPS of Russia (Pskov, Russia), Lecturer of the Department of civil law disciplines, candidate of law.
Budakov D.I.
Pskov branch of Academy of Law and Management of the FPS of Russia (Pskov, Russia), 3rd year cadet.
Annotation:
The article regarded to the participation of convicts in patent legal relations, researched the features of the implementation of patent rights by convicts during the period of serving a sentence of imprisonment, and the participation of the institutions of the Federal Penal Service in such relations in general. The main problems of the realization of the investigated rights by such a category of persons as convicts, who are limited in the exercise of their civil rights within the framework of criminal and penal legislation, are identified. Thus, the regime and conditions of detention in prisons do not allow convicts to fully exercise their patent rights, restrictions on freedom and resources do not allow to fully recreate the development of their industrial ideas. The successful exercise by convicts of their patent rights depends not only on the conditions for the reproduction of ideas, but also on competent legal regulation.
The possibility of participation of other persons in the implementation of patent rights is being considered, attention is paid to the patent attorney, with the help of which it is possible to implement such rights. To conclude civil law contracts with the said person, the convicts is still forced to turn to persons providing legal assistance, which leads to additional costs and difficulties.
The authors also proposed to take into account, when deciding on parole or replacing the unserved part of the sentence with a softer type, the convict’s desire for intellectual activity.
Keywords:
patent rights; convicts; penal system; correctional institutions.
