No 6 (2017)
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EXPERT OPINION
17-24 482
Abstract
The article considers the prospects of using mediation as alternative dispute resolution of IP disputes; the experience of the Intellectual Property Court is examined and the proposals for mediation activation are analyzed.
25-30 240
Abstract
The author examines the problems of the correlation between special provisions of civil law about transfer of the trade mark and the general principle of freedom of contract, reveals their contradictions, and also draws attention to the competing powers of Rospatent and competition authorities regarding the question of good faith of the parties to the agreement.
VECTOR OF LEGAL SCIENCE
31-35 566
Abstract
In this article the problems of collective management of copyright and related rights, the creation of a unified information base for copyright and related rights, the protection of the rights of theater directors as subjects of related rights, as well as the problem of the exhaustion of the right to trademarks are considered.
36-41 253
Abstract
The article suggests the analysis of individual approaches to the choice of ways to protect violated intellectual rights. A distinction is made between the methods of protection and the measures of responsibility. The absence in the Russian legal system of the problem of «competition of claims» is stated. Particular attention is paid to the issue of the correlation of such methods of protection of intellectual rights as compensation for damages and compensation for violation of the exclusive right instead of compensation for damages.
THE RISKS AND POSSIBLE CONSEQUENCES OF THE LIMITATIONS OF PATENT RIGHTS IN THE PHARMACEUTICAL SECTOR
42-53 217
Abstract
The Federal Antimonopoly Service made a proposal to extend the compulsory licensing to pharmaceuticals. The author of the article proves that the legislative initiatives of our Antitrust Service can have strong side effects on our pharma industry. She examines the interrelationship between the issuance of compulsory licenses for essential medicines and the influx of FDI, incentives of «Big pharma» to register new drugs in countries with a low level of patent protection.
54-58 227
Abstract
The article analyzes the features of the recognition of the rightholder’s actions to acquire the exclusive right to a trademark (its state registration) by unfair competition, as well as the main criteria allowing to recognize the actions of a person as an act of unfair competition.
ЗАКОНОПРОЕКТ: ИСТОРИЯ, ЦЕЛИ И ЗАДАЧИ
59-63 214
Abstract
The article deals with the preparation of the draft federal law, its goals and objectives, history, the main problems identified in the course of public discussion.
ПРАВОПРИМЕНИТЕЛЬНАЯ ПРАКТИКА
64-68 211
Abstract
The article discusses topical issues of law enforcement practice in the use of work made for hire. The author also refers to the analysis of some issues considered concerning the work made for hire on the Scientific Advisory Council of the Court of Intellectual Property Rights.
69-75 248
Abstract
The article examines, on the basis of practical examples, the problems of implementing the principle of exclusivity of the right to a trademark, the provisions of the law on the inadmissibility of registering identical marks by the same person, and others. Gaps in the legal regulation are identified and ways of their elimination are suggested.
FOREIGN EXPERIENCE
76-82 204
Abstract
Account of patent rights and trademark rights in the United States is discussed in the article by examining the organization of the work of the Bureau of patents and trademarks USA and collate information on the operation in the United States register of rights to various intellectual property objects, including inventions and trademarks. The assignment of patent rights, pledge of patent rights and assignment of patent licenses submitted for review under the proposed article, the practical aspects of commercialization of patents and trademarks provided by the law and judicial precedent the United States.
83-92 316
Abstract
This article analyzes the court practice of foreign countries related to the infringement of trademark rights on the Internet, at the same time, special attention is paid to the most topical problems arising in connection with these offences.
TRIBUNE FOR YOUNG SCIENTIST
93-97 225
Abstract
The article dwells on the development of the institute of work made for hire according to the Russian legislation - Copyright and Related Rights Act, Chapter 4 of Civil Code. Author analyzes Russian court practice approaches regards to the works made for hire. In particular, which documents could be considered as appropriate evidences of work made for hire creation in accordance to the current court practice?
PEN TEST
99-103 515
Abstract
It should be noted that publishing business remains a problematic issue from the legal perspective despite the obvious reduction of demand on printed books and the existing variety in resources enabling all web users to post their writing. The current article is dedicated to the general types of agreements used in the field, such as: license agreement, publishing license agreement and custom work contract. It is underlined that the main type of agreement mostly used in practice is publishing license agreement. The article brings the structure, key elements of such agreement and describes certain practical aspects emerging in the enforcement practice with this regard.
104-107 192
Abstract
In the article exclusive right is considered from a position of most weakened subjective property right of the person. The author of this article investigates various approaches, including in interrelation of exclusive right and open licenses.
108-113 220
Abstract
The article considers one of the aspects to be enclosed during the disputes about the early termination of the trademarks protection: the plaintiff’s interest in such termination; the judicial practice is also analyzed.
114-118 279
Abstract
Analyzing the status of protection of IP in IT sphere the author draws a parallel between registration approaches of copyright and neighboring rights in the US and Russia in order to reveal the main similarities and differences and appropriate ways for development of the national legal system, in particular, related to registration and deposit of copyright and neighboring rights.
LAW IN HISTORICAL INTERPRETATION
ЮРИДИЧЕСКОЕ НАСЛЕДИЕ
ИЗ ПЕРИОДИКИ ПРОШЛОГО
POST SCRIPTUM
ЭТО ПОЛЕЗНО ЗНАТЬ
УНИВЕРСИТЕТСКАЯ ЖИЗНЬ В ЛИТЕРАТУРНОМ НАСЛЕДИИ
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)
