Herald of Civil Procedure
EN
main-photo

We in a citing index:

JURISDICTIONAL FORMS OF PROTECTION OF PATENT RIGHTS

THE FUTURE OF CIVIL PROCEDURE


R.M. SADYKOV

R.M. SADYKOV,
Doctoral Student of the Department of Business and Energy Law
of the Law Faculty of the Kazan (Volga Region) Federal University

DOI: 10.24031/2226-0781-2019-9-4-182-200

The article analyzes the jurisdictional forms of protection of patent rights: in court (civil),
also in administrative and criminal procedure in the part in which it is useful for subsequent
civil protection. The author analyzes the competence of the Intellectual Property Court
and other courts (state and arbitration) in cases of protection of patent rights. The article
substantiates the economic nature of all disputes on the protection of patent rights and
the need to transfer them to the jurisdiction of arbitration courts. The list of disputes on
protection of patent rights enshrined in the Civil Code is analyzed and its incompleteness
is revealed. Regarding the application of the limitation period for patent protection cases,
it is proposed to clarify the need to calculate the amount of compensation for violation of
patent rights not within three years before the date of application to the court, but within
ten years, either by law or at the level of a Resolution of the Plenum of the Supreme Court.
Proposals are made to adjust the competence of law enforcement agencies in cases of patent
infringement. It is proposed to apply administrative law (in cases of administrative offences)
and criminal law forms of protection of patent rights only after the entry into force of the
judicial act on civil dispute, which established the fact of violation of patent rights.

Keywords: patent rights protection; civil procedure; arbitration procedure.

References

Abova T.E. Selected Works. Civil and Arbitration Procedure. Civil and Commercial
Law. Moscow: Statut, 2007. (In Russian)
Andreev Yu.N. The Mechanism of Civil-Legal Protection. M.: NORMA; Infra-M,
2010. (In Russian)
Bazilevich A.I. Forms of Protection of Subjective Civil Rights: Thesis for a Candidate
Degree in Law Sciences. Ulyanovsk, 2001. (In Russian)
Bugaev V.V. To the Concept of the Mechanism of Protection of Subjective Civil Rights.
In Subjective Law: Problems of Implementation and Protection. Vladivostok: Publishing
House of the Far Eastern University, 1989.
Butnev V.V. The Concept of the Mechanism of Protection of Subjective Civil Rights.
In The Mechanism of Protection of Subjective Civil Rights. Yaroslavl: Yaroslavl State
University, 1990.
Chechot D.M. Subjective Law and Forms of Its Protection. St. Petersburg: Publishing
House of the Leningrad University, 1968. (In Russian)
Dzhermakyan V.Yu. Commentary to Chapter 72 “Patent Law” of the Civil Code of the
Russian Federation (itemized). 4th electronic edition, revised and enlarged. SPS “ConsultantPlus”.
2014. (In Russian)
Eremenko V.I. New System of Arbitration in the Russian Federation. Legislation and
Economics, 2017, no. 2. (In Russian)
Gorshenev V.M., Nedbaylo P.E. Procedural Form and Its Social and Legal Opportunities
in a Socialist Society. In Legal Procedural Form: Theory and Practice. Moscow:
Yuridicheskaya literatura, 1978. (In Russian)
Kulakov N.A. Control and Supervisory Activities as the Direction of Administrative
and Legal Protection of Intellectual Property of the Russian Federation. Administartive
and Municipal Law, 2018, no. 5. (In Russian)
Novoselova L.A. Intellectual Property Court Objectives. Journal of the Intellectual
Property Court, 2013, no. 1. (In Russian)
Ryabov V.N. Limitation of Actions When Resolving Disputes on the Protection of
Rights to the Results of Intellectual Activity and Intellectual Property Designations.
Civil Law, 2018, no. 2. (In Russian)
Sergeev A.P. (ed.). Civil Law: Textbook. In 3 vol. Vol. 1. Moscow, 2008. (In Russian)
Shakaryan M.S. The Ratio of the Judicial Form with Other Forms of Protection of
the Subjective Rights of Citizens. In Actual Problems of Protecting the Subjective Rights
of Citizens and Organizations. Moscow, 1985. (In Russian)
Sitdikov R.B. Is It Possible to Recover Damages from Patent Infringement? Patents
and Licenses. Intellectual Property Rights, 2015, no. 9 (In Russian)
Sitdikova R.I., Abdullazyanova A. Some Aspects of Legal Protection of Copyright
(on the Example of the Republic of Tatarstan). Intellectual Property. Copyright and Related
Rights, 2012, no. 8. (In Russian)
Stepin A.B. On Forms of Protection of Private Law. Current Law, 2017, no. 8. (In
Russian)
Treushnikov M.K. Legal Regulation of Civil Procedure at Its Separate Stages. In Problems
of Accessibility and Effectiveness of Justice in Arbitration and Civil Proceedings.
Moscow, 2001. (In Russian)
Valeev D.Kh. The System of Procedural Guarantees of the Rights of Citizens and
Organizations in Enforcement Proceedings: Thesis for a Doctor Degree in Law Sciences.
Yekaterinburg, 2009. (In Russian)
Vasilieva E.N. Jurisdictional Form of Patent Protection. Works of the Institute of State
and Law of the Russian Academy of Sciences, 2017, no. 6. (In Russian)
Vershinin A.P. Ways to Protect Civil Rights in Court: Thesis for a Doctor Degree in
Law Sciences. St. Petersburg, 1998. (In Russian)
Volozhanin V.P. Non-Judicial Forms of Resolving Civil Disputes. Sverdlovsk: Central
Ural Book Publishing House, 1974. (In Russian)
Vorozhevich A.S. The Limits of Implementation and Protection of the Exclusive
Rights of the Patent Holder. Moscow: Statut, 2018. (In Russian)

Information about the author

Sadykov R.M. (Kazan, Russia) – Doctoral Student of the Department of Business
and Energy Law of the Law Faculty of the Kazan (Volga Region) Federal University
(18 Kremlyovskaya St., Kazan, 420008, Russia; e-mail: rm.sadykov@yandex.ru).

Recommended citation

Sadykov R.M. Jurisdictional Forms of Protection of Patent Rights. Herald of Civil
Procedure, 2019, vol. 9, no. 4, p. 182–200. (In Russian). https://doi.org/10.24031/2226-
0781-2019-9-4-182-200

 el_.png   it_.png   book.png

Keywords