Open AccessA Russian Judge Roadmap of Intellectual Dispute Consideration and Resolution
Author(s) -
Yuriy F. Bespalov
Publication year - 2020
Publication title -
rossijskij sudʹâ
Language(s) - English
Resource type - Journals
ISSN - 1812-3791
DOI - 10.18572/1812-3791-2020-10-3-6
Subject(s) - intellectual property , plaintiff , law , political science , legislation , dispute resolution , statement (logic) , resolution (logic) , law and economics , russian federation , sociology , computer science , artificial intelligence , regional science
The article presents the roadmap of the Russian judge for the consideration and resolution of intellectual disputes and other requirements in the intellectual and legal sphere. The author defines the list of actions of the judge at the stage of acceptance of the statement of claim (application) for court proceedings and at the stage of consideration and resolution of the case. The circumstances that are important for the proper consideration and resolution of an intellectual dispute include: 1) infringed intellectual property rights; 2) the substance of the violated right and its legal nature; 3) the person committed a violation of intellectual property rights; 4) the circumstances under which committed such violation; 5) whether the plaintiff is a person whose right is violated; 6) it is determined the way of protection; 7) the rules of law to be applied; 8) other, depending on the situation. Proposals were made to improve the legislation of the Russian Federation in the intellectual sphere.