By facilitating imports of Soviet machinery and industrial products, the United States might reap an unexpected benefit from expanded trade ties with the Soviet Union, namely, the acquisition of new Soviet technology in a few industrial sectors. In certain high-priority industries, the Soviet Union has devoted considerable resources to research and development. Some Soviet industries have made important technological innovations which could prove very valuable to US firms. The steel and aluminum industries and certain mining industries are examples of US sectors which could benefit from such an exchange of technology.As with the 1968 Commerce dept document I cited earlier, our government knew about Russian superiority even while it was telling us the opposite. Our government knew that Russia had kept its own industries and developed its own skills while we were offshoring electronics, killing metals and mining with EPA rules, and dumbing down students.
Soviet patent law, however, is quite different from Western laws. Under Soviet law, an inventor is given the option of receiving a patent or an inventor's certificate for his innovation. The foreign inventor who submits an application to the Soviet Union is given the same choice.If we had the choice, sane and sensible inventors would also go for the certificate. A guaranteed payout, even if small, is VASTLY BETTER than going deep into debt for lawyers and development costs, only to watch a giant corporation snatch the invention away.
The certificate gives the inventor recognition for his achievement and assures him of a predetermined financial reward, but vests in the state all rights to use, develop, and exploit the invention.
The Soviet patent is similar to its Western counterpart; the patentee gains the right to exploit his invention for his own personal profit, up to a ceiling established by law. As an innovation by a Soviet citizen can generally be exploited only by a state enterprise, the incentive to own a patent is reduced. Moreover, legal requirements for obtaining a patent and various tax benefits and compensation advantages for certificate holders induce most Soviet inventors to apply for certificates.
Labels: Natural law = Soviet law
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