scholarly journals Expert Examination of the Use of a Dependent Invention and a Dependent Utility Model Under the Law of the Russian Federation

2018 ◽  
Vol 7 (3.14) ◽  
pp. 340
Author(s):  
Vladimir Evgenievich Kitaiskiy ◽  
Evgeniy Nikolaevich Petrov ◽  
Vera Vladimirovna Shvedova
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Patent Law ◽  
Utility Model ◽  
Patent Owner ◽  
Utility Models ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
Exclusive Right

The article deals with such objects of patent law as inventions and utility models, the use of which by patent holders in some cases is limited by the rights of other patent owners in accordance with the requirements of the Civil Code of the Russian Federation, as amended on March 12, 2014. Such inventions and utility models are called dependent. In fact, these are improvements to other inventions and utility models, to which the exclusive right applies. The patent owner of such a dependent object of patent law may legitimately use his invention or his utility model only upon obtaining the right to use another (main) object of patent law or at its alienation from the legal owner. For this, it is necessary to reveal the dependence of one's object of patent law on another (main) object. The article shows how it is possible to identify such dependence under the existing patent legislation of the Russian Federation.  

scholarly journals The partial waiver of the rights and partial invalidation of rights to the invention

2021 ◽  
pp. 51-59
Author(s):  
Petro Borovyk
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Legal Certainty ◽  
Utility Model ◽  
Patent Owner ◽  
The Third ◽  
Utility Models ◽  
The Law ◽  
State Registration ◽  
The Right

Borovyk P. The partial waiver of the rights and partial invalidation of rights to the invention. In view of changes in the Law of Ukraine «About protection of rights for inventions and utility models» introduced according to the Law No. 816-IX as of 21.07.2020, it is implied that a patent owner can waive rights provided by a state registration of an invention (utility model) fully or partially, and a court can render the rights for the invention (utility model) invalid fully or partially. The partial waiver of the rights or rendering the rights invalid causes a number of issues on a rather frequent basis, in particular, regarding a certain procedure of defining the entire scope of rights according to the patent and a portion of these rights. Since the scope of rights is defined by claims, the partial waiver of the rights or the partial rendering the rights invalid substantially represents a change of the scope of rights, which are defined by the claims as published. The patent may be granted for a group of inventions. In such case, the scope of rights shall be defined by the claims that comprise several independent claims. Here, the partial waiver of the rights for the invention may be carried out by waiving one or several independent claims at the discretion of the patent owner or by rendering one or several independent claims invalid by the court. Therewith, the scope of rights that is defined during conduction of an examination for another invention of the group of inventions, which are mentioned in a single protection document (patent), is not changed. The partial waiver or the partial rendering the rights for the invention invalid for the claims having one independent claim is a more problematic case. A key aspect of this problem is an influence of the proposed amendments of the claims onto the scope of rights for the invention and its correspondence with the requirements for granting a legal protection. More specifically, it is an establishment of a fact of reduction of the scope of rights when introducing the proposed amendments into the independent claim and examination of a new version of the independent claim for compliance with the requirements of patentability. An important aspect also lies in establishment of a balance of interests of the patent owner and third parties. The patent owner will receive a mechanism of implementation of the right for protection of allowable embodiments of the invention, while the third parties will receive a right for a legal certainty by means of an analysis of the scope of rights of the new version of the claims. The article discloses grounds for waiving the rights for the invention and the mechanism for implementation of the waiver under the legislation in force both for the case of the group of inventions and for the partial waiver or the partial rendering the rights for the invention invalid with the claims having one independent claim. Keywords: scope of rights, independent and dependent claims, amendment to claims, proceedings

Ukrainian patent reform: render harmless a utility model

2020 ◽  
pp. 61-63
Author(s):  
Irina Kirichenko ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Innovation Activity ◽  
Technical Solution ◽  
Chemical Formula ◽  
Utility Model ◽  
Intellectual Activity ◽  
Ukrainian Patent ◽  
Utility Models ◽  
The Russian Federation

The patent is an amazing thing, it’s like a narcotic: nothing but a chemical formula known for more than one century, registered as a utility model, but can subjugate all other licenses and permits in a way that no other “gun” can. According to Article 1 of the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”, a utility model (just as an invention) is the result of human intellectual activity in any sphere of technology i.e. the object of the utility model (UM) may be any product (device, substance etc.) or a process (unlike us, unfortunately our Russian colleagues severely limited innovation activity. For example, Article 1351, Paragraph 1 of the Civil Code of the Russian Federation allows you to protect as a utility model only a technical solution relating to an apparatus).

scholarly journals SOME ASPECTS OF THE PROTECTION OF CIVIL RIGHTS OF REAL ESTATE ASSOCIATIONS

2020 ◽  
pp. 168-185
Author(s):  
Anna V. Pushkina ◽  
◽  
Tatyana S. Sayapina ◽  
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Russian Federation ◽  
Civil Code ◽  
General Nature ◽  
Third Way ◽  
Legal Form ◽  
The Russian Federation ◽  
The Law ◽  
The Right

Today, consideration of ways to protect the civil rights of various subjects of civil law relations is of particular importance in civilist studies. One of the results of the reform of civil legislation on legal entities in 2014 was the emergence of a new legal form of organization -partnership of property owners. Therefore, it is important to consider in detail the main ways to protect the civil rights of this legal entity. It is not possible to consider all ways of protecting civil rights in one article. In this con-nection, only some of the most common methods of protecting the civil rights of real estate partnerships have been investigated, namely: recognition of the right; restoration of the posi-tion that existed before the violation of the right and suppression of actions that violate the right or threaten to violate it; invalidation of the transaction and application of the consequences of its invalidity, application of the consequences of a void transaction. The method of protection, such as recognition of the right, is often used by real estate as-sociations. And in this method, both an application for recognition of a right to be present and an application for recognition of a right to be absent are possible. The question of the applica-bility of the statute of limitations to this method is a matter of discussion. It seems that in most cases it is possible to apply the statute of limitations to claims for recognition of a right. The general nature of this method was revealed by examining the restoration of the situa-tion that existed before the violation of the right and the prevention of actions that violate the right or threaten to violate it. Usually, when such demands are made, the courts ask to specify them. And only in rare cases where no other protective measures are applied, do the courts allow for the possibility of submitting a direct request to restore the situation that existed be-fore the violation of the right. The third way of protecting the civil rights of property associations was significantly changed in 2013. Thus, the rule of Article 168 of the Civil Code of the Russian Federation on the nullity of a transaction that does not comply with the law has been fundamentally re-formed, unless the law establishes other consequences. Such a transaction is now considered void. The possibility of claims for invalidation of a void transaction has also been established by law. Previously, the courts allowed such claims, but in the doctrine the question of the possibility of such claims was debatable, since the Civil Code of the Russian Federation did not mention them.

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.

THE LIMITS OF EXCLUSIVE RIGHTS TO COMPUTER PROGRAMS

2021 ◽  
Vol 21 (2) ◽  
pp. 88-133
Author(s):  
A.S. VOROZHEVICH
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Balance Sheet ◽  
Computer Programs ◽  
Civil Code ◽  
Fair Use ◽  
Traditional Concept ◽  
Specific Object ◽  
The Russian Federation ◽  
Exclusive Right

In the article, the author examines time, content and object boundaries of exclusive rights to computer programs. It has been substantiated that the meaningful boundaries of exclusive rights should be established through a closed list of cases of free use. At the same time, the balance sheet doctrine of fair use, supplemented by the concepts of “transformative use”, cannot serve as a tool for establishing such boundaries. At the same time, in order to resolve atypical conflicts of interest arising in relation to a specific object of copyright between a person interested in access to such an object and the rightholder, standards for assessing the behavior of the rightholder should be developed – special (in relation to Article 10 of the Civil Code of the Russian Federation) limits for the implementation of exclusive right. With regard to the object boundaries of rights to computer programs, it was concluded that they are established by means of the “traditional” concept of copyright “protected form – unprotected content” and the doctrine of “essential part”. The principle of exhaustion of rights should not apply to such objects.

Legal Regulation of Adjudication in Civil Code of the Russian Federation (Issues of Conflict Rules)

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects

2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Case Law ◽  
Civil Code ◽  
Law And Order ◽  
Generic Term ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Right

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.

scholarly journals MEDICINES: CONSTITUTIONAL AND LEGAL REGULATION ON RESTRICTION OF THE PROPERTY RIGHT CONCERNING TECHNOLOGY TRANSFER SUBJECTS AND THE RIGHT TO CONDUCT ENTREPRENEURSHIP ON IMPORT OF MEDICINAL PRODUCTS IN CONDITIONS OF CONFLICT AND TEMPORARY OCCUPATION

2021 ◽  
pp. 6-13
Author(s):  
Юрій Бисага
Keyword(s):  
Technology Transfer ◽  
Russian Federation ◽  
Legal Regulation ◽  
Democratic Society ◽  
Medicinal Products ◽  
Public Values ◽  
European Court ◽  
The Russian Federation ◽  
The Law ◽  
The Right

  The purpose of this article is to identify the features of restriction of ownership on the subjects of technology transfer regarding production of medicines and the right to run business on the import of medicines in conditions of conflict and temporary occupation. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. When determining the legitimate purpose of restriction, it is necessary to apply the principle of proportionality, which is the concordance of measures applied to the above entities in order to limit the exercise of their rights with those public values that are protected by such restriction. On the procedural level, the State having realized the right for withdrawal has to comprehensively inform the General Secretary of the Council of Europe as for the measures taken and the reasons for them, as well as the time when those measures have ceased to apply and the provisions of the Convention are profoundly applied again. As the case law of the European Court of Human Rights shows, the derogation from the obligations under the Convention must have territorial and temporal specifications. The following features of the constitutional and legal regulation of restriction of property rights for subjects of technology transfer to the production of medicines are revealed: 1) restrictions on the implementation of these rights should be provided by the law, which must meet the following requirements: clarity, accuracy, accessibility; 2) the measure is a temporal one; 3) the range of entities in respect of which it is applied to are the subjects of technology transfer being residents of the aggressor country; 4) legitimate purpose of implementation is protection of public values (national security, life and health of persons staying on the territory of Ukraine, territorial integrity, etc.); 5) necessary in democratic society. The following features of the constitutional and legal regulation of restrictions on the right for running business activities regarding import of medicines during conflict and temporary occupation of the part of the territory of Ukraine by the Russian Federation are revealed: 1) restrictions on the exercise of these rights are provided by the Law of Ukraine “On Foreign Economic Activity” from 04.07.2017 №18.1-07/18369, which meets the following requirements: clarity, accuracy, accessibility; 2) the measure is temporal one; 3) the range of entities in respect of which it is applied to is addressed to the applicants of medicinal products, alternative and/or potential manufacturers, applicants-holders of registration certificates of which are the subjects of the Russian Federation; 4) legitimate purpose of implementation is protection of life and health of persons staying on the territory of Ukraine in connection with the impossibility of providing Ukraine with proper control over the quality of production of medicines within the Russian Federation; 5) necessary in democratic society.    

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