Exclusive right in civil circulation

2021 ◽  
Author(s):  
Elena Morgunova ◽  
Nataliya Frolova
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Master's Programs ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Contractual Structures ◽  
Exclusive Right

The textbook presents doctrinal approaches, positions of the Constitutional Court of the Russian Federation, judicial practice, Russian and foreign legislation on issues related to the essence of legal protection of individual intellectual property objects and the nature of the exclusive right to them, contractual structures in the field of intellectual property, as well as the protection of exclusive rights to intellectual property objects. It is prepared for the development of undergraduates studying under the program" Master of Private Law", the discipline "Exclusive law in civil circulation", but can also be used in the study of legal protection of intellectual property results and means of individualization in the course "Civil Law" by bachelors, specialists, as well as in other master's programs. It may be of interest to students, postgraduates, scientists, teachers, practitioners, and anyone interested in intellectual property issues.

scholarly journals Protection of cross-border trafficking of intellectual property in the context of the economic and legal integration of the Russian Federation

2015 ◽  
Vol 2 (2) ◽  
pp. 195-203
Author(s):  
A O Inshakova
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Protection ◽  
International Standards ◽  
Customs Union ◽  
Legal Analysis ◽  
Intellectual Activity ◽  
Global Information Society ◽  
The Russian Federation

The article is devoted to legal analysis of qualitative renewal of existing civil law regarding the protection of intellectual property rights and means of individualization associated with the modernization of the economy and legal system of the Russian Federation, its entry into international organizations such as the Council of Europe, the EurAsEC Customs Union, WTO. International uniform standards for protection of intellectual property, taking into account the growing «immensity» of their turnover, and the risks associated with the misuse of their use, including for the purpose of infringing competition and monopolize the market, pay close attention to the institution of a national legislator exclusive right to the products of creative activity. In order to assess compliance with international standards such updated provisions of the Russian civil law the analysis of foreign legislation, jurisprudence and doctrine. The author’s evaluation of common internationally recognized approaches and standards for the creation, registration and use of the results of intellectual activity, legal protection, commercialization and protection of the rights to them, requiring reflection in a national legal reform also takes into account the active development of globalization and building a global information society.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

scholarly journals Preceding a decision of the Constitutional Court

2021 ◽  
Vol 2 (12) ◽  
pp. 57-61
Author(s):  
A. N. ANTIPOV ◽  
◽  
YU. N. STROGOVICH ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Depth Study ◽  
Legal Position ◽  
The Russian Federation

From time to time in judicial practice situations arise when considering specific criminal cases the question is raised about the compliance of certain norms of the current legislation with the provisions of the Constitution of the Russian Federation. The legal position in such cases is formed by the Constitutional Court of the Russian Federation, which comprehensively examines the materials, referring (if necessary) for a comprehensive, in-depth study to the competent authorities and organizations and makes an appropriate decision on the presence (absence) of legal conflicts.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

2021 ◽  
Author(s):  
Hristina Peshkova ◽  
Vladimir Pachkun
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Russian Federation ◽  
Financial Control ◽  
Constitutional Court ◽  
Educational Organizations ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

scholarly journals The Legal Doctrine in the Activities of the Constitutional Court of the Russian Federation

Russian judge ◽  
2020 ◽  
Vol 11 ◽  
pp. 27-31
Author(s):  
Olga O. Nebratenko ◽  
Keyword(s):  
Russian Federation ◽  
Practical Significance ◽  
Constitutional Court ◽  
Research Activity ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
National Body ◽  
The Russian Federation ◽  
Source Form ◽  
Short Time

The article is devoted to the study of legal doctrines in the activities of the national body of constitutional justice. In legal science, judicial practice, and state-legal reality, the term “doctrine” in various combinations has become one of the most widely used and ambiguous. At present, the attitude to the legal doctrine is changing, which in a short time has gone from an unused regulator of legal relations in the Russian legal system to an optional one, giving way only to the dominant source (form) of law — a normative legal act. References to doctrines in the final acts of the constitutional Court of the Russian Federation, as well as their direct formulation and use, are a special subject of research activity, which determines the practical significance of the proposed article.

scholarly journals Responsibility of Individuals Managing a Legal Entity

Lex Russica ◽  
2019 ◽  
pp. 30-38
Author(s):  
Yu. A. Meteleva
Keyword(s):  
Russian Federation ◽  
Causal Link ◽  
Civil Code ◽  
Constitutional Court ◽  
Court Cases ◽  
Legal Entity ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Russian Federation

The problem of liability of persons managing a legal entity was raised in Russian civil law after the adoption of legislation on joint-stock companies. At the beginning, it was more theoretical in nature, since the civil legislation did not contain any mechanisms for the implementation of such liability. To date, due to the reform of the Civil Code and changing approaches in jurisprudence, disputes concerning property liability of directors have formed a considerable category of cases. The paper analyzes the elements of such civil wrongs as damage caused to a legal entity by persons who are members of the managerial boards and are able to exercise a significant impact on such boards. All elements of the civil wrong under consideration are being analyzed: the act, the consequences (damage), the causal link between the act and the consequences, and the fault of the wrong-doer. The paper also elucidates the participants involved in such disputes. Exploring specific court cases, the author shows which acts of directors are recognized by the courts as illegal, what restrictions are expressed in the legal standings of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation to qualify as illegal different acts of directors and other persons. In the vast majority of cases of this category, persons exercising the functions of the sole executive body are prosecuted. Sometimes they are also the participants at the same time. The scope of persons covered by the term “determining the acts of a legal entity” is not defined in the law, which also hampers judicial practice. Judicial proceedings bringing such persons to justice are exceptional. Therefore, the author proposes to define in the Civil Code all persons who can commit an act and thereby cause damage to a legal entity. In addition, it is proposed to establish criteria of unreasonableness and dishonesty of actions of directors and other persons.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

Dual Citizenship in Russia

2019 ◽  
Vol 76 (1-2) ◽  
pp. 57-68
Author(s):  
Alexander Salenko
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
Constitutional Court ◽  
International Treaties ◽  
Dual Citizenship ◽  
Judicial Practice ◽  
Russian State ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
The Right

In the USSR, the dual citizenship was expressly prohibited by the Soviet law. After Perestroika, a new stage of Russian statehood began: on 12 December 1993, the Constitution of the modern Russian Federation was adopted, which granted Russian citizens the right to have dual citizenship. Over the past twenty-five years, a new legislation has been adopted on the Russian citizenship, migration, and the state policy regarding compatriots living abroad. During these years, millions of Russian citizens have obtained second (multiple) citizenship, and with it came to questions, disputes and problems that required mediation of the Russian judiciary. In this regard, the main purpose of this article is to analyze the existing domestic legislation and international treaties of Russia on dual citizenship, to determine the dual citizenship regime in Russia - to examine the existing restrictions on the rights and freedom of persons with dual citizenship, and also to study the disputes on dual citizenship in the Russian Federation, in particular to scrutinize the judicial practice (leading cases) of the Constitutional Court of the Russian Federation. Based on an analysis performed in the article, the author draws conclusions regarding the further development of dual citizenship within the framework of the Union State of Belarus and Russia, and also investigates prospects of the Eurasian citizenship in the framework of the Eurasian Union. In addition, the author makes a proposal to Russian authorities to make information on registered Russian citizens with dual (multiple) citizenship more accessible and transparent, and also to adopt at the federal level a document on the Russian state policy regarding dual citizenship.

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