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15ЭКОНОМИЧЕСКИЕ НАУКИ
FEATURES OF THE INTELLECTUAL PROPERTY MARKET
DEVELOPMENT Bermukhamedova G.B.
Bermukhamedova Galiya Berikovna - Candidate of Economic Sciences, Associate Professor, DEPARTMENT OF MANAGEMENT, CASPIAN UNIVERSITY OF TECHNOLOGIES AND ENGINEERING NAMED AFTER SH. YESSENOV,
AKTAU, REPUBLIC OF KAZAKHSTAN
Abstract: the article analyzes intellectual activity, their commercialization and involvement in market turnover. Proposals are made on possible measures of real progress in terms of the implementation of key areas of the creation of a national system and mechanism for the activation of innovation and commercialization of its results. It consists in the activation of innovative activity in the conditions of commercialization of intellectual property of both public and private enterprises, and their introduction into market circulation.
Keywords: demand for intellectual property, marketing, market of intellectual property, the distinctive features of the market of intellectual property.
Intellectual capital has always been an important component of the socio-economic and sociopolitical development of the country, but its importance in particular cannot be overestimated at the stage of economic diversification on an industrial and innovative basis.
Intellectual capital in the economy materializes in the form of improvements in the quality and properties of goods (services), the latest products, production and management technologies, and it is quite natural that the intellectual component of the innovative factor of development shows its positive influence to the greatest extent when intellectual property objects (IPO) are most appreciated. In our opinion, the latter is fully possible only in the conditions of the development of the intellectual property market.
In this regard, we can fully agree with the opinion of U. Dzhakisheva that "the mechanism of an innovative enterprise is a way of organizing innovations, a set of motivations, economic forms and methods of managing a system of innovations that develops under the influence of market conditions and state regulation.
The main incentive for innovation is not the potential profit as a result of achieving competitive advantages and minimizing costs, but the opportunity to create a new market or a new niche in the market, that is, to create new demand due to the appearance of fundamentally new products on the market or the differentiation of existing products. The economic forms and methods of managing the innovation process are largely determined by the influence of the state" [1].
Saving money in the field of intellectual production, according to E. Agababyan, is the worst form of economy, indicating the loss of strategic initiative by countries that embark on this path. If the financing of this sphere is insufficient within the specific conditions of a particular national economy, then this will immediately affect its return, which will entail a decrease in the level of modernization and the growth rate of reproductive reproduction. A recession of the latter will be inevitable.
No massive purchase of licenses and know-how abroad will be able to prevent this, besides borrowing foreign licenses will require large funds and a fairly long implementation period. Another disadvantage of this way is the loss of initiative in competitive competition with other nations [2].
At the same time, there are still discussions in scientific circles around intellectual property. In our opinion, this is mainly due to the fact that real practice constantly faces problems of accurate identification of intellectual property objects.
In this regard, G. Rodina's opinion is interesting that the transition from the old to the new economy revealed a deepening functional stratification of property rights, each of which becomes
a relatively independent object of appropriation and market turnover, a process that can be described as the virtualization of traditional property.
The change of the dominant factors of production in the post-industrial social system has made adjustments to the objects of ownership and their expansion has gone in two directions. On the one hand, innovative economic growth has strengthened the role of new energy resources in the economy, thereby expanding the concept of "material" property (for example, electricity, gas and other types of energy and raw materials that go beyond the traditional understanding of "things" began to be attributed to property as an object of ownership).
On the other hand, a "disembodied" property appeared:
- in place of "visible", tangible things (capital and land), information comes in the form of codified theoretical knowledge and new technologies, which become key economic resources, and consequently, objects of property;
- there was a special block of intellectual property relations when separating creativity into an independent property object;
- the role of social values as specific immaterial objects of property has increased, which creates prerequisites for positive social dynamics.
It can be stated, - G. Rodina believes, - that intellectual property and intellectual capital, determined by the knowledge embodied in a person, replace private property and monetary capital, which played a key role in industrial society. In the "new" economy, capital and the worker merge, that is, there is an organic connection of the worker with the means of production [3].
V. Makarov, A. Kozyrev and G. Mikerin, for example, define intellectual property as a collective concept used to designate the rights to the results of intellectual (creative) activity in the field of literature, art, science and technology, as well as in other fields of creativity; means of individualization of participants in the civil turnover of goods and services; protection from unfair competition. There are other interpretations of the concept of intellectual property. However, it is in the field of intellectual property that the most rapid universalization of law takes place, there is a convergence of legal systems.
Thus, we have come to an understanding of the problem of intellectual property, bearing in mind primarily the distribution of rights to its possession, disposal and sale on the market. At the same time, it is important to determine the degree of rights of authors of new technologies and innovative products in the process of intellectual property formation, since practice reveals features and difficulties in cases when research is carried out in state institutions and enterprises, or is carried out at the expense of the budget, which is typical for scientific research teams.
In this regard, V. Makarov and other authors refer to world experience, which shows that the role of the author in the distribution of intellectual property rights is constantly increasing. The deprivation of copyright to the product created by him within the organization leads to the undermining of incentives to create and invent, to the desire to hide their inventions and know-how, sell them to the side or complicate the use of the results obtained [4].
In efficient economic systems, these resources operate in an environment that conditions the practical application and dissemination of new knowledge in the form of new goods, technologies and services. This environment, on the one hand, works for economic growth, and on the other hand, it stimulates the innovation of the economy and society as a whole [5].
Some researchers consider it a primary task to bring to completion the processes of creating a unified intellectual property management system. At the same time, they propose a system that includes four levels of management, including the allocation of patentable scientific results of practical importance, ensuring the protection of an intellectual product and obtaining a patent for it, determining the volume and sources of necessary additional investments (so that the development becomes interesting for potential investors), finding an adequate way of commercialization [6].
From other positions, it is not quite obvious why the phenomena so different in essence and often not directly related to intelligence are combined under the general name "intellectual capital" - the value system of employees, the image of the enterprise, brands, customer loyalty. According to A. Makarov, the idea of intellectual capital circulation can serve as a unifying principle here: the
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knowledge and abilities of employees are embodied in organizational processes and relationships with business partners, which, in turn, create the basis for sustainable relationships with customers; cooperation with customers and partners leads to the accumulation of experience, the development of knowledge and abilities of employees of the enterprise [7].
According to other economists, intellectual property, in addition to property rights, also includes non-property rights and benefits, for example, the right to an author's name, the right to the integrity of a work, which are not directly property rights, they cannot be benefited from. Accordingly, they cannot be attributed to intellectual capital [8].
Therefore, according to A. Kozyrev, it is not entirely logical to associate a brand with a trademark. In addition, unlike a trademark, the term "brand" has no legal definition. However, the intellectual capital management system implies the identification and evaluation of brands, not trademarks [9].
Along with the traditional economic criteria for evaluating the activities of organizations based on measuring the efficiency of the use of material resources, intangible measurers come to the fore, according to B. Milner: knowledge, intellectual capital, consumer satisfaction, social profit, organizational culture. In many cases, such criteria can better indicate possible results than financial indicators [10].
The market price of the company - believes Yu . Pavlenko, - can be determined on the basis of data on the capitalization of the company, which are based on stock market estimates. However, this price is most reliably manifested only when it is actually purchased by another company [11].
According to B. Milner, significant discrepancies between estimates of the market value of companies and financial accounting data increase the need for formalization of measurements of intangible assets, united by the concept of "intellectual capital". One of its generally recognized meters is the q-index of J. Tobin. It can be calculated by dividing the market value of the company (the product of the share price by the number of shares) by the amount that must be spent to replace physical assets (or in some cases by the book value of the company, including the value of financial assets). With such diverse factors as projected future earnings, broker concerns, expert opinions, market defects, it indirectly takes into account intangible assets included in intellectual capital [10].
This, in our opinion, is the main problem in the commercialization of intellectual property objects.
On the other hand, it is impossible to do without improving accounting statements, since accounting information remains one of the most important sources of information used when evaluating a business and making decisions about investing capital in a particular firm. However, according to A. Kozyrev, it should be supplemented with other forms of accounting [9].
V. Naumov and E. Ragels quite rightly, in our opinion, believe that intellectual property management is a complex subject for scientific analysis and practical implementation. Organizational, economic, legal and tax issues are concentrated in this area. In practice, managers and financial directors of companies, lawyers, economists, appraisers, tax specialists and accountants are engaged in solving problems related to the use of intellectual property rights in commercial activities. It is their consolidated position that determines how effectively the relevant objects are used in business.
In the field of the use of intellectual property (in economic categories - intangible assets), the company's management can determine different priorities. For example, to increase the value of the assets of a group of companies at the expense of existing intellectual property, to use intellectual property for financial and tax purposes, to attract investments, to mortgage intellectual property objects, to reduce the costs of administration and protection of intangible assets, to extract the maximum one-time profit due to their assignment or to organize regular receipt of payments due to licenses or concessions [12].
According to N. Starkova and A. Kostetsky, the steady use of the term "intellectual property" in the sphere of legal regulation of the economy, the growing need to protect and commercialize intellectual products of market entities, have become the reasons for the spread of the term "intellectual property" to the entire set of intangible elements of the business process of the firm [13].
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Another feature is the constant search for an objective assessment of knowledge and intellectual potential as a factor in increasing the value of assets of companies and enterprises.
In general, it can be considered that intellectual property gives the right to the results of intellectual activity in any field. After legal registration, rights of this kind turn into objects of intangible assets. Therefore, the protection of private intellectual property rights is one of the most important components of the state's innovation policy.
In the modern economy, when the industrial type of production has been replaced by information, the fundamental resource is the intelligence of members of a certain community, and the effectiveness of the use of intelligence is determined by the degree of its application in this community.
According to the researchers, the principle of "intelligence generates innovation" applies not only to discoveries and inventions, but also to the commercialization of innovations, which is impossible without competent intellectual activity of managers, marketing specialists, intermediary and other information services. Therefore, the need to protect intellectual property rights is seriously justified and rooted in the economy [14].
Most provisions of the domestic legislation on intellectual property issues comply with the agreement on Trade-related Aspects of Intellectual Property Rights. It is important to note that the effectiveness of the application of this legislation in practice is associated with increasing the authority of the court, with respect for intellectual property rights and compliance with the rules of reliable competition.
The latter is extremely important for the emerging intellectual property market in Kazakhstan, since there is both unfair competition and the presence of counterfeit goods, which violates the rights of trademarks of well-known manufacturers of goods [15].
In our opinion, their relationship can be more accurately represented in the form of the following scheme (Figure 1).
Fig. 1. Diagram of the relationship of intellectual capital, intangible assets and intellectual property in the processes of creation and commercialization of innovative products
This implies an understanding of the facts discussed above in the analysis of the main views on these concepts, which are mainly determined only by different foci of looking at this problem in the economic, legal, and practical planes of its consideration.
On the other hand, such an understanding of the relationship between these concepts creates the basis for a greater understanding of the need for the commercialization of intellectual property objects as a system for assessing the market value of the enterprise itself (firm, research team) on the basis of a more complete accounting of the value of intangible assets, which, in turn, can be determined through an assessment of the value of intellectual property.
At the same time, it should be realized that the market of intellectual property objects differs significantly from the market of traditional goods (services). According to market experts, the difference here is already contained in the characteristics of the intellectual property objects themselves: these products are unique, most often expensive, and since highly qualified intellectual labor has been spent on their production, these products, as a rule, have a high cost, which, as economic practice shows, is not so easy to evaluate.
Hence the specific features of this market follow:
firstly, this market, as a rule, is new for any business entity, while having the potential for rapid growth;
secondly, it is a low-elastic market, bearing in mind the almost irreplaceability of other products, which is greatly facilitated by the lack of proper competition as a result of the monopoly on intellectual property, and all this causes the inefficiency of the price regulator of the market;
thirdly, despite the possible monopoly on the market, an intellectual property object may not have a commodity form for a long time, since it turns into a commodity not at once, but only from the moment of its commercialization;
Fourth, the implementation of the IPO requires a serious preliminary marketing analysis, and a multi-sectoral one, and not so much taking into account the intellectual (innovative) potential of possible consumers of intellectual property objects, but rather from the perspective of their possible solvency.
The latter feature, in our opinion, is extremely important from the point of view of the "survival" of intellectual property objects.
The study of the system of economic turnover of intellectual property includes the following stages:
- study of the demand for intellectual property objects, moreover, solvent;
- exploring the potential of offering intellectual property objects;
- market research;
- identification of competitive advantages of intellectual property objects based on the achievability of a balance of supply and demand in the market of intellectual property objects, etc.
Unlike most mass-demand goods and services, IP objects are not sold through retail chains. Each object of intellectual property is, one might say, a piece product that is used for its intended purpose, depending on what kind of object it is, but the main purpose of most intellectual property objects is to use them in the production of final products of the market - goods and services. The choice of a possible use case for intellectual property objects depends on the results of marketing research, which should be more thorough and thorough the more promising this object is in the market under study [16].
The question cannot but arise: how important, unlike the traditional market of goods (services), is the marketing of demand for intellectual property objects? The question is not idle - as it may seem at first glance - because intellectual activity is not always accompanied by the consumption of its results by the economy, production and society as a whole in real time.
In this regard, in our opinion, the results of intellectual activity should be divided into at least two categories:
- objects of intellectual property that determine the specific demand that a specific intellectual activity is focused on;
- intellectual property objects that are not tied to a specific need.
For the second category of intellectual property objects, the concept of "deferred demand" can be applied, which may manifest itself over time, as scientific and technological progress advances in economic and production systems, but may not manifest itself.
In general, we can say that the marketing of the demand for intellectual property objects is certainly important, especially at the stage of justifying the feasibility of intellectual (scientific and technical) research, however, this task belongs to the category of complex, since it is difficult to assess the real market value in the processes of commercialization of intellectual property objects.
Thus, the intellectual property market assumes achieving a balance of such multidirectional goals as:
- the growth of the competitiveness of the economy based on the realization of intellectual potential.
As T. Mendybaev notes, "the main conditions for competitiveness are the state of one's own science, the presence of a knowledge-intensive industry, a systematic focus on the search for new ideas and talented people. The situation in the world is such that a real struggle is being waged for an inexhaustible resource - high-quality human material. And it is those countries that will be able to attract or prepare "high-quality" ones that will win in the globalized world" [17].
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- activation of intellectual potential as a factor of innovative development - on the basis of effective measures of state support.
As the above-mentioned expert emphasizes, "our national companies, in whose jurisdiction are the means of production and budget money, are not interested in the introduction of domestic technological developments, even proven in practice. They exist in the resource economy, where science, inventions and innovations are not needed, the main thing is to "sit on the money". So far, high oil prices allow them to do this, covering up the inefficiency of economic management. Therefore, scientists and developers of new technology and technology can only hope for the support of the state, whose possible viability in the future world is determined by the intelligence of the human potential of the country" [17].
In this regard , U. notes . Dzhakisheva, - the search for effective forms of intellectual property realization is of particular importance for Kazakhstan, in which a paradoxical situation has developed: significant intellectual potential in no way affects the pace of economic growth, coexists with overspending and inefficient production. The peculiarity of the use of intellectual products in economic circulation is that it provides for both their independent use by the owner, and their transfer to temporary use for a fee, or their sale in full possession to another entity.
The development of intellectual property relations is due to the spread of market relations, the formation of a market for novelties, which is an integral part of the commodity market. The emergence of the novelty market is due to the fact that the simple accumulation of intellectual products on any scale does not automatically translate into an innovation process.
According to this expert, innovative intellectual property objects need forecasting, evaluation, setting up production, conducting marketing research and specific actions to promote new technologies and products, creating demand for them. It will be necessary to determine the totality of economic relations within which the interaction of subjects of innovation activity takes place, the formation and development of the relationship between the generator and the consumer of innovation. The innovation process consists in combining intellectual property objects with real market demand [1].
Indeed, as T. Mendyvaev and K. Bataeva note, "the need for legal protection of innovations has been increasing in the world due to the globalization of the economy. Reliable, extensive protection of rights to inventions is now considered as a prerequisite for economic growth, since it is the possession of exclusive rights that justifies the risk associated with investment in the innovation process.
At the same time, the use of various patent strategies is of particular importance ... and according to foreign analysts, the peak of the strategic use of patents on a global scale is still ahead. Perhaps it will be permanent in time, since the world economy will be more closely linked with high technologies, and the development of its industry directly depends on reliable protection of intellectual property rights" [18].
In general, we should agree with U. Dzhakisheva's opinion that preventing the destruction of the national intellectual potential requires a significant increase in spending on science and education, strengthening the economic motivation of innovative business entities.
At the same time, the nature of scientific activity requires constant state intervention in the processes of its development in a direct, non-economic form.
The complexity of the problem lies in the fact that scientific and technical innovations are characterized by uncertainty of return on costs, which is aggravated not only by the duration of the implementation of the overwhelming number of innovative projects, but to a large extent by the risks of their possible incompleteness according to the expected results.
At the same time, the more significant the innovation, the higher the uncertainty of the results, as a rule, with significant investments, and this reduces the market attractiveness of scientific and technical developments, fundamental innovations, which, in turn, narrows the potential for creating new intellectual property objects.
Therefore, according to this expert, it is advisable to solve the issues of financing innovative research as follows:
- firstly, the state creates innovative scientific and technical funds
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- a kind of transfer of ownership rights from their carriers to the state. The implementation by the state innovation fund of the management rights of intellectual property and property rights
- in the form of appropriation of income from invested funds - allows increasing the volume of supply and demand for scientific and technical developments;
- secondly, in the field of private entrepreneurship, it is advisable to carry out corporatization, using different options for coordinating the economic interests of subjects of innovative activity;
- thirdly, the strengthening of innovation-oriented management, based on the intellectual potential of enterprises, can have a significant effect.
According to U. Dzhakisheva, "it is the development and implementation of the advantages of an innovation strategy under the conditions of its orientation to the development of basic innovations that can ensure the transition to a new technology and commodity structure of production, which ensures competitiveness in domestic and foreign markets" [1].
It is necessary to emphasize here: for this, it is important to have a developed intellectual property market that allows you to deduce the desired market valuations of intangible assets and objects of intellectual value, and on this basis determine the market value of an enterprise (company, organization) that is more attractive to external and internal investors.
However, we have to state that such a market in Kazakhstan is currently practically undeveloped.
Objectively speaking, until now, the main emphasis in the field of intellectual property has been placed only on the protection of intellectual property rights, which in themselves are very relevant in the conditions of Kazakhstan's entry into the system of world economic relations. And this approach still prevails in the activities of specialized state agencies of the country.
And less attention is paid to such issues as valuation of intellectual property objects, analysis and forecasting of the demand of the economy and business for intellectual property objects, the processes of commercialization and formation of the intellectual property market, since only on this basis it is possible to ensure the growth of the market value of enterprises (companies) and increase their competitive advantages in global and regional markets, participation in global (world) and regional (EAEU) value chains, etc. aspects of market development of intellectual aspects of innovation activity.
At the same time, today it is necessary to raise questions much broader and deeper. In other words, we need a developed intellectual property market. To do this, it is important to ensure the effectiveness of the system of measures for the commercialization of intellectual property objects and their involvement in market turnover, which implies a more in-depth improvement and development of the current legislation in the field of intellectual property turnover.
It seems that in order to consider all issues of the development of the intellectual property market in a systematic formulation, a specialized body is needed to analyze and predict the supply and demand of intellectual property objects through the use of modern methodological tools and information technologies to conduct scientific, methodological and analytical research on the development of the intellectual property market.
References
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СОВЕРШЕНСТВОВАНИЕ ФИНАНСОВОГО КОНТРОЛЯ В ЦЕЛЯХ ОБЕСПЕЧЕНИЯ ОПТИМИЗАЦИИ ЗАТРАТ КОМПАНИИ Симаева Н.П.1, Николаева А.Р.2
1Симаева Наталья Петровна - кандидат экономических наук, доцент; 2Никопаева Анастасия Романовна - магистрант, кафедра финансов, учета и экономической безопасности, Волгоградский государственный университет, г. Волгоград
Аннотация: в условиях финансового кризиса из-за пандемии коронавируса для каждого предпринимателя особенно остро стоит вопрос оценки эффективности деятельности. При этом наиболее ярким индикатором такой эффективности является величина прибыли и уровень рентабельности, на которые в свою очередь влияет правильность признания затрат, связанных с конкретным видом продукции. Целью работы является совершенствование финансового контроля в целях обеспечения оптимизации затрат компании.
