Jurisdictional and Non-jurisdictional Forms of Patent Rights Protection: Russian and Foreign Experience

Cover Page


Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription or Fee Access

Abstract

The features of patent disputes determine the variety of mechanisms for their consideration and resolution. A review of the Russian and foreign experiences (Germany, Norway, United States, France, Sweden, Japan) show the applicability of various forms of patent rights protection, including administrative and judicial.

Administrative bodies that protect patent rights generally include divisions of patent offices and other executive authorities.

In the judicial systems of the states under review, special judicial structures function in the nature of courts with general competence to consider civil cases, while specialized courts for the protection of intellectual property rights — including patents — have been created.

The authors conclude that in the modern period, the arbitration and mediation of patent disputes are becoming increasingly widespread, offering a number of advantages, including confidentiality of the case and the necessary level of specialization of arbitrators (mediators). At the same time, however, it is hindered by the lack of uniformity in resolving the issue of the arbitrability of patent disputes.

Full Text

Restricted Access

About the authors

Maria O. Diakonova

The Institute of legislation and comparative law under the government of the Russian Federation

Email: dolovamaria@mail.ru

PhD

Russian Federation, Moscow

Polina D. Pechegina

The Institute of legislation and comparative law under the government of the Russian Federation

Author for correspondence.
Email: pbagryanskaya@mail.ru
SPIN-code: 9246-0960

PhD

Russian Federation, Moscow

References

  1. Sinitsyn SA. Comparative Patent Law: Actual Problems / The Institute of Legislation and Comparative Jurisprudence under the Government of the Russian Federation. Moscow: Infotropik Media, 2022. 416 p. (In Russ.).
  2. Rozhkova MA, Glazkova ME, Savina MA. Actual problems of unification of civil procedural and arbitral procedural legislation: monograph. Moscow: IZiSP, INFRA-M, 2015. 304 p. (In Russ.).
  3. Syshchikova TM, Shabanov PN. Federal Patent Court of the Federal Republic of Germany: Organization and Activities Questions. Legal Science and Legal Education Reform. 2014;4(27):53–57. (In Russ.).
  4. Rozhkova MA. Discussing the Issue of Needs of the Court for Intellectual Rights in Technical Specialists and Advisors. Bulletin of Economic Justice of the Russian Federation. 2016;(7):269–285. (In Russ.).
  5. Piskunov Y. "Creation of specialized courts for intellectual disputes — a global trend". [Interview with L.A. Novoselova]. Law. 2015;(11):6–19. (In Russ.).
  6. Sinitsyn SA. Patent law as a legal monopoly: pro et contra. Bulletin of Civil Law. 2019;(4):145–170. (In Russ.).
  7. Jacques de Werra New developments of IP Arbitration and Mediation in Europe: The Patent Mediation and Arbitration Center instituted by the Agreement on Unified Patent Court. Revista Brasileira de Arbitragem. 31 p.
  8. Sinitsyn S, Dyakonova M, Bagryanskaya P. Patent Disputes: Combination оf Approaches оf Substantive аnd Procedural Law. IP. Industrial Property. 2021;(5):52–61. (In Russ.).

Copyright (c) 2022 Diakonova M.O., Pechegina P.D.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies