scholarly journals The Practice of Review of Cases on Challenging Statutory Acts of the Russian Federal Service for Intellectual Property by the Intellectual Property Rights Court: Keeping Going over the Same Ground

2020 ◽  
Vol 10 ◽  
pp. 16-21
Author(s):  
Ekaterina Yu. Andreeva ◽  
◽  
Moisey I. Lifson ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Utility Model ◽  
Reasonable Time ◽  
The Russian Federation

The article is devoted to the institution of challenging the normative legal acts of Rospatent in the Court on Intellectual Rights on the example of several cases examined by the Court. The authors highlight a number of problems in this area. Since the consideration of a public objection to a patent for a controversial utility model or invention and the decision on the results of the consideration of such an objection is within the competence of Rospatent, and the PIS performs only a supervisory function, it is difficult to solve this problem within a reasonable time. The authors propose: all disputes related to intellectual property after issuing a security document should be resolved not in an administrative - judicial manner, but only in a judicial one, by analogy with the violation of the patent of the Russian Federation for intellectual property objects.

The antitrust immunity of intellectual property in Russia

2021 ◽  
pp. 32-39
Author(s):  
S. S. Burchik
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Antitrust Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation ◽  
Antitrust Immunity

The growing importance of intellectual property as an asset raises the question whether exercising of the intellectual property rights shall be regulated by antitrust law to protect against possible abuses and ensure the efficiency of the economy. The study aims to improve the existing regulation in the Russian Federation and align it with the idea of balancing private and public interests while fostering competition and encouraging innovation.

scholarly journals LEGAL ASPECTS OF EXISTENCE OF INTELLECTUAL PROPERTY IN THE INTERNET

2020 ◽  
pp. 70-80
Author(s):  
O.V. Boychenko ◽  
O.Yu. Smirnova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Legal Aspects ◽  
The Internet ◽  
Legislative Process ◽  
The Russian Federation ◽  
The Government ◽  
Protecting Intellectual Property

The article considers the legal aspects of the existence of intellectual property on the Internet. The main regulatory documents governing the relationship between the use of intellectual property on the Internet are analyzed, such as: the WIPO international convention, the Civil Code of the Russian Federation, part 4; Decree of the Government of the Russian Federation of 09.02.2012; The latest edition of the Constitution of the Russian Federation. In the form of a structural and didactic scheme are presented: objects of intellectual property, means of individualization; an algorithm for the interaction of participants in the legislative process to seize illegal content. Features of the problems of protecting intellectual property rights on the Internet, the main causes of violation of intellectual property rights and ways of protecting intellectual property are presented. The losses of various sectors of society from Internet piracy are given. The basic tools of copyright infringement on the Internet are described, as well as existing methods of confirming copyright in content.

RESPONSIBILITY IN THE FIELD OF COPYRIGHT

2021 ◽  
Author(s):  
Тамила Магомедовна Нинциева ◽  
Селима Тимуровна Исламова
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Criminal Liability ◽  
Legal Liability ◽  
The Russian Federation

В настоящей статье рассматриваются вопросы, связанные с наступлением юридической ответственности за нарушения в области права интеллектуальной собственности, а именно авторского и смежных прав. Отмечается, что в Российской Федерации за нарушения в указанной области предусмотрены гражданско-правовая, административная и уголовная ответственности. Делается акцент на раскрытие диспозиции каждого правонарушения авторского и смежных прав. This article discusses issues related to the occurrence of legal liability for violations in the field of intellectual property rights, namely copyright and related rights. It is noted that in the Russian Federation civil, administrative and criminal liability is provided for violations in this area. Emphasis is placed on disclosing the disposition of each violation of copyright and related rights.

scholarly journals A Russian Judge Roadmap of Intellectual Dispute Consideration and Resolution

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 3-6
Author(s):  
Yuriy F. Bespalov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Legal Nature ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Proper Consideration ◽  
The Way

The article presents the roadmap of the Russian judge for the consideration and resolution of intellectual disputes and other requirements in the intellectual and legal sphere. The author defines the list of actions of the judge at the stage of acceptance of the statement of claim (application) for court proceedings and at the stage of consideration and resolution of the case. The circumstances that are important for the proper consideration and resolution of an intellectual dispute include: 1) infringed intellectual property rights; 2) the substance of the violated right and its legal nature; 3) the person committed a violation of intellectual property rights; 4) the circumstances under which committed such violation; 5) whether the plaintiff is a person whose right is violated; 6) it is determined the way of protection; 7) the rules of law to be applied; 8) other, depending on the situation. Proposals were made to improve the legislation of the Russian Federation in the intellectual sphere.

DEVELOPMENT OF INTELLECTUAL PROPERTY LAW IN THE RUSSIAN FEDERATION

2019 ◽  
pp. 13-19
Author(s):  
Olga Ruzakova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Geographical Indications ◽  
Property Law ◽  
International Treaties ◽  
Live Performance ◽  
Blockchain Technology ◽  
The Russian Federation

This article is about trends and main directions of development of Russian legislation on intellectual property rights, it analyzes the problems of its application in practice and its compliance with international treaties of Russian Federation, in particular, recent changes in legislation relating to the protection of rights to a «live performance», prospects for recognizing geographical indications as intellectual property, the creation of registries of copyright and related rights based on the blockchain technology.

INHERITANCE OF EXCLUSIVE RIGHTS

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Civil Code ◽  
Intellectual Activity ◽  
The Russian Federation

В статье рассматриваются особенности наследования исключительных прав. Обращается внимание на отсутствие унификации норм о наследовании прав на результаты интеллектуальной деятельности. Предлагается включить в часть третью ГК РФ отдельную главу, посвященную наследованию интеллектуальных прав. The article discusses the features of the inheritance of exclusive rights. Attention is drawn to the lack of unification of the rules on the inheritance of rights to the results of intellectual activity. It is proposed to include a separate chapter on the inheritance of intellectual property rights in Part three of the Civil Code of the Russian Federation.

scholarly journals Protection of intellectual property of an architect

2019 ◽  
Vol 91 ◽  
pp. 05029
Author(s):  
Nicolay Zhilskiy ◽  
Emma Shariapova ◽  
Marina Matveeva
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Copyright Protection ◽  
Architectural Design ◽  
Creative Activity ◽  
Protection Mechanism ◽  
Categorical Framework ◽  
The Russian Federation ◽  
Judicial Protection

In the paper, the authors raise the issue of protecting the copyright of an architect. One of the ways to protect it is the trial. The RF Constitution guarantees judicial protection of rights and freedoms. Recently, in the Russian Federation, the number of appeals to the court for copyright protection has increased, indicating a large number of infringements of intellectual property rights of architects. The study of the authors showed that often the cause of litigation is the discrepancy of the values of the objects of copyright of the architect. To interpret such concepts as “architectural solution”, “architectural design”, “architect’s concept”, “architect’s idea” and others, the court is forced to involve specialists whose opinions in the court decision become the source of law, which contradicts the theory of state and law. The authors believe that the legislative consolidation of clear, certain essential features of the conceptual and categorical framework used in architectural activity is the improvement of the protection mechanism for the works of architects that are the result of their creative activity.

scholarly journals PROVIDING THE CUSTOMS AUTHORITY OF UKRAINE THE CONTROL OVER THE MOVEMENT OF GOODS THAT CONTAIN SIGNS OF INTELLECTUAL PROPERTY OBJECTS: THEORY AND PRACTICE PROBLEMS OF FORENSIC RESEARCH

2020 ◽  
pp. 606-623
Author(s):  
V. Fedorenko ◽  
T. Chabanets ◽  
O. Foia
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Model Identification ◽  
Theory And Practice ◽  
Effective Control ◽  
Utility Model ◽  
Counterfeit Goods ◽  
Definition Of ◽  
Specialized Unit

The publication is devoted to the current problems of the theory and practice of providing by the officials of the specialized unit of the customs authority, in which, according to the official instructions, the functions performed to promote the protection of intellectual property rights and officials of the customs clearance unit of the customs authority of Ukraine. It is also considered the effective control over the movement of goods containing signs objects of intellectual property rights, as well as substantiation of proposals for improvement of the relevant law enforcement practice. Investigations, using special knowledge of forensic expertise are problematic questions concerning definition of the volume of rights of a utility model protected by a patent; the essential features that can be characterized by the object (product) protected by the patent for a utility model; requirements for the formulation of signs of a utility model established today by the current legislation. This is also concerned the determination of the technical nature and specific features of the object (product) subject to customs clearance, and regarding which there are questions of violation of the intellectual property rights; interpretation of the patent formula without studying the patent description for a utility model. There are also principles that should be guided by the allocation of signs in accordance with the formula of the utility model; identification of signs of an object (product) subject to customs clearance; principles that should be guided by comparable features of a formula protected by a patent with signs of an object (product) subject to customs clearance, etc. The proposals for improving the practice of preventing the customs authorities from moving counterfeit goods the importation of which into the customs territory of Ukraine or removal from this territory is a violation of intellectual property rights is substantiated.

scholarly journals Judicial Protection of Intellectual Property Rights in a Digital Economy: Is There a Need for Change?

2021 ◽  
Vol 2 (4) ◽  
pp. 114-126
Author(s):  
Natalya Buzova ◽  
Marina Karelina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Modern Society ◽  
Developed Countries ◽  
Judicial System ◽  
Moscow City ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Selection Of

The paper looks at improving the judicial system in Russia facing the rapid technological change of modern society in which new relationships are largely associated with different areas of intellectual property. Today biotechnology, digital rights, computer programs and scientific research materials have become widely used in civil circulation and their intellectual property rights should be effectively protected. The paper discusses different issues of protecting intellectual rights provided for by the Civil Code of the Russian Federation, aimed at both suppressing and preventing their infringement, and assesses the statistical indicators of the courts. The practice of the Intellectual Property Rights Court and the Moscow City Court shows that specialization yields positive results. The selection of judges, their professional development including their distinctive competencies in addition to legal ones, also help to find effective ways of resolving intellectual property disputes. With the protection of intellectual property rights being of great concern not only in Russia, but also in most developed countries of the world, their experience has also been thoroughly analyzed. The paper suggests a possible way of improving the judicial system under the current circumstances. Certain changes in the judicial system and the creation of additional specialized intellectual property courts could help to ensure an affordable, legitimate and effective mechanism for resolving disputes related to the violation of intellectual property rights.

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