We in a citing index:

PROBLEMS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN INTELLECTUAL PROPERTY DISPUTES

PROBLEMS OF RECOGNITION AND ENFORCEMENT

OF FOREIGN JUDGMENTS IN INTELLECTUAL

PROPERTY DISPUTES

N.A. SHEBANOVA,

Doctor of Legal Sciences, Professor, Department of Intellectual Rights,

Kutafin Moscow State Law University (MSAL)

DOI: 10.24031/2226-0781-2020-10-6-232-251

Intellectual property is significant intangible asset, having which gives his owner undeniable

advantage on the market. The increase in the number of cross-border transactions with

intellectual property objects has led to an increase in the number of disputed in the field

of intellectual property complicated by a foreign element. The purpose of this research is

to assess the prospects of the recognition and enforcement of a foreign court decision made

in a dispute over intellectual property rights. The author pays attention to traditional

problems related to the recognition and execution of foreign court decisions, emphasising

that these same problems are common for decisions made with respect to intellectual

property rights disputes, if those disputes took place in real space. However, the situation is

getting worse is the violation of rights occurred in the Internet space. Emphasising that the

fundamental prerequisite for the recognition and enforcement of a foreign court decision

is the determination of the jurisdiction of the court, the author analyses the approaches

developed by WIPO and individual states to determining the appropriate court competent

to consider disputes over intellectual property infringement in the Internet space. The article

pays special attention to the limits of action of judicial acts handed down in such disputes.

As an illustration of the relevance and complexity of problems related to the recognition and

execution of foreign court decisions on intellectual property infringement in the Internet

space, the article analyses the case Google v. Equustek.

Keywords: jurisdiction; Internet; territorial boundaries; international comity; reciprocity;

international treaty; federal law; foreign judgment; exequatura.

References

Goldsmith J.L. The Internet and the Abiding Significance of Territorial Sovereignty.

Indiana Journal of Global Legal Studies, 1998, vol. 5(2), pp. 475–491.

Iablochkov T.M. Trudy po mezhdunarodnomu chastnomu pravu [Works on Private

International Law]. Moscow: Statut, 2009. 264 p. (In Russ.)

Johnson D.R., Post D. Law and Borders – The Rise of Law in Cyberspace. Stanford

Law Review, 1996, vol. 48(5), pp. 1367–1402.

Shebanova N.A. O priznanii i privedenii v ispolnenie inostrannykh sudebnykh reshenii

v praktike rossiiskikh sudov [On the Recognition and Enforcement of Foreign Judgments

in the Practice of Russian Courts]. Trudy Instituta gosudarstva i prava RAN –

Proceedings of the Institute of State and Law of the Russian Academy of Sciences, 2017,

no. 1, pp. 22–43. (In Russ.)

Information about the author

N.A. Shebanova (Moscow, Russia) – Doctor of Legal Sciences, Professor, Department

of Intellectual Rights, Kutafin Moscow State Law University (MSAL) (9 Sadovaia-

Kudrunskaia St., Moscow, 125993, Russia; e-mail: [email protected]).

Recommended citation

Shebanova N.A. Problemy priznaniia i ispolneniia inostrannykh sudebnykh reshenii

po sporam v sfere intellektual’noi sobstvennosti [Problems of Recognition and Enforcement

of Foreign Judgments in Intellectual Property Disputes]. Vestnik grazhdanskogo

protsessa – Herald of Civil Procedure, 2020, vol. 10, no. 6, pp. 232–251. (In Russ.) https://

doi.org/10.24031/2226-0781-2020-10-6-232-251

N.A. SHEBANOVA

We in a citing index:

PROBLEMS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN INTELLECTUAL PROPERTY DISPUTES

Advertisement

Our partners