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

CURRENT ISSUES OF PROCEDURE LEGISLATION ON DISPUTES

ON THE PROTECTION OF EXCLUSIVE RIGHTS TO INTELLECTUAL

PROPERTY ASSETS AND MEANS OF INDIVIDUALIZATION

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: [email protected]).

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

O.A. RUZAKOVA