On judicial practice in the field of intellectual property

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Abstract

This article is devoted to the analysis of the legal positions of the Constitutional Court of the Russian Federation, formulated in its regular decisions in the field of intellectual property regarding the qualification of other forms of unfair competition, the administrative-judicial procedure for the protection of intellectual rights, the procedure for paying remuneration to authors of service objects of patent rights. It should be assumed that certain legal positions of the Court are not formulated quite correctly. In addition, it is concluded that certain legal positions contain rules of law, although of a temporary nature, the adoption of which is not within the competence of the Constitutional Court of the Russian Federation.

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About the authors

Vladimir I. Eremenko

Author for correspondence.
Email: 6169144@mail.ru

Doctor of Law, Professor

Russian Federation, Moscow

References

  1. Bodenhausen G. Paris convention for the protection of industrial property. Comment. М., 1977. Р. 34 (in Russ.).
  2. Eremenko V. I. Legal protection of service inventions in Russia // Inventing. 2014. No. 7. Pp. 1–9 (in Russ.).
  3. Kuznetsova O. A. Administrative procedure for the protection of civil rights // Law. Journal of the Higher School of Economics. 2017. No. 1. Pp. 42–58 (in Russ.).
  4. Patenting: textbook for high schools. 2nd ed., rev. and the exp. M., 1976. P. 142–156 (in Russ.).

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