Herald of Civil Procedure
EN
main-photo

We in a citing index:

CURRENT ISSUES OF PROCEDURE LEGISLATION ON DISPUTES ON THE PROTECTION OF EXCLUSIVE RIGHTS TO INTELLECTUAL PROPERTY ASSETS AND MEANS OF INDIVIDUALIZATION

PROBLEMS OF CIVIL PROCEDURE


O.A. RUZAKOVA

O.A. RUZAKOVA,
Doctor of Legal Sciences, Professor of the Department of Intellectual Rights
of Kutafin Moscow State Law University (MSAL), Professor of the Department
of Legal Regulation of Economics Affairs of Financial University under the Government
of the Russian Federation

DOI: 10.24031/2226-0781-2019-9-5-11-20

The article presents procedural issues of disputes on the protection of exclusive rights to
intellectual property assets and means of individualization. With the use of Russian and foreign
legislation, draft laws in the State Duma of the Russian Federation and legislative interpretation
of the Constitutional Court of the Russian Federation, the author analyses current legislative
regulation and court practice. Legislation development on intellectual rights is an issue to
discuss, and the quantity of civil cases is always growing. Violation of intellectual rights are
many and various, but the loss assessment procedure is complex and complicated, especially
when it comes to the violation of rights on newly developed objects which have not yet produced
any economic effect. One of the most urgent issue is the problem of recovery of damages for the
infringement of an exclusive right, the fact to be proven by plaintiff and defender, legal status
of the defender, the problem of refunds reducing the by the court, and others.

Keywords: evidence law; fact in proof; intellectual property; compensation; infringement;
exclusive right; Intellectual Property Rights Court.

References

Gavrilov K.M. Compensation Instead of Damages as a Way to Protect Exclusive
Rights. Patents and Licenses. Intellectual Rights, 2012, no. 10. (In Russian)
Novoselova L.A. Procedural Features of the Consideration of Disputes by the Intellectual
Property Rights Court. Herald of Civil Procedure, 2013, no. 4. (In Russian)
Novoselova L.A. The Principle of Fairness and the Compensation Mechanism as
a Means of Protecting Exclusive Rights. Civil Law Review, 2017, no. 2. (In Russian)
Ruzakova O.A., Fabrichny S.Yu. Novels of the Legislation on Intellectual Rights in
2017 and the Prospects for its Development. Property Relations in the Russian Federation,
2018, no. 3. (In Russian)
Ruzakova O.A., Pirogov A.I. Compensation and Damages: The Ratio of Institutions.
Patents and Licenses. Intellectual Rights, 2019, no. 1. (In Russian)
Ruzakova O.A., Ruzakov A.B. Claim Procedure for Intellectual Property Rights.
Arbitration and Civil Procedure, 2017, no. 6. (In Russian)
Ruzakova O.A., Ruzakov A.B. Development of Trademark Law. Patents and Licenses.
Intellectual Rights, 2016, no. 1. (In Russian)

Information about the author

Ruzakova O.A. (Moscow, Russia) – Doctor of Legal Sciences, Professor of the
Department of Intellectual Rights of Kutafin Moscow State Law University (MSAL),
Professor of the Department of Legal Regulation of Economics Affairs of Financial University
under the Government of the Russian Federation (9 Sadovaya-Kudrinskaya St.,
Moscow, 125993, Russia; e-mail: ruza@duma.gov.ru).

Recommended citation

Ruzakova O.A. Current Issues of Procedure Legislation on Disputes on the Protection
of Exclusive Rights to Intellectual Property Assets and Means of Individualization. Herald
of Civil Procedure, 2019, vol. 9, no. 5, p. 11–20. (In Russian) https://doi.org/10.24031/2226-
0781-2019-9-5-11-20

 el_.png   it_.png   book.png

Keywords