Herald of Civil Procedure

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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.


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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-

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