Судебные правовые позиции в спорах о правах на средства индивидуализации юридических лиц, товаров, работ, услуг и предприятий
The article is devoted to the research of content and meaning of judicial legal positions in resolving disputes about the rights of means of individualization of legal entities, goods, services and enterprises. The article provides examples of judicial legal positions that have a significant impact on the formation of a unified jurisprudence protection of intellectual property rights
the second volume of the Comment contains the analysis of separate types of the rights to results of intellectual activity and means of individualization
Аn article of E.P.Gavrilov, Doctor of law, Professor of the National Research University «Higher School of Economics» «intellectual property rights: proposals for improving the legislation» was published In No. 2/2016 of the magazine «Patents & Licenses. Intellectual property rights». In the article the author stated his view on the possibility of improving the accounting system and consideration of proposals for the interpretation and enforcement of existing legislation on intellectual property and amending thereof. In addition, the article contained some suggestions for improving the protection of appellations of origin. A letter with the full text of the article, the author submitted to the Federal Service for Intellectual Property with a request to consider the proposals contained therein. The response is received, and today, with the kind permission of the author, we publish it. Reply is accompanied by a replica of the author.
The article examines the role of an abstract interpretation of acts of the highest courts in the context of the unity of judicial enforcement, due to the need to implement the constitutional prohibition of discrimination enshrined in the administration of justice. Arguing about the validity of acts of abstract interpretation, the author concludes that their binding may be deemed constitutionally justified only if the current system of legal regulation in the mechanism of denial of constitutional jurisdiction.
In the basis of book lies the dialectical description of the judicial system as a purposeful system having a complex hierarchy and rules of functioning, which is in continuous interaction of its internal elements and external factors of influence, including other branches of government, therefore structural changes of the judicial system in itself, as well as its competence and the quality of justice in general are observed. Consideration by the author of judicial system as an integrated dynamic system allows to reveal a number of regularities in its cyclical development. Society, as it is known, develops in a spiral. Exactly this model of evolution in philosophy arose as a result of the interaction of the three laws of dialectics: the unity and conflict of opposites, the transition of quantitative changes into qualitative, and the negation of negation. The court as a mirror of society repeats the convolutions of its development. The line forming a spiral is the hierarchy of the judicial system. At the same time this line, as the spiral of lower order, represents the unification and differentiation of judges’ specialization in consideration and resolution of cases, in jurisdiction and official knowledge of controversies, as well as the centralization and decentralization of judicial control, and as a consequence, the redistribution of powers between the judicial instances (appeal, cassation, supervision). Reduction or increase in number of judicial instances occurs simultaneously with the change of the administrative-territorial division of the state, and principles of government, the population size, and hence the number of cases coming to court. Depending on what authority (judicial or non- judicial) heads the judicial system and carries out check of the court decisions, there is the correction of its principles and procedures. The domestic judicial system, having passed some cycles, recently passed the bifurcation point and again is in an unstable state. Evidence of this is the merger of higher judiciary in the system of arbitration courts and courts of general jurisdiction, despite the fact that this task was not included in the Federal target program for development of the judicial system until 2020. Complex study of factors influencing the judicial system will allow us to comprehend the global processes in society and the state – as being fundamentals in forming the structure of the judicial system and principles of its functioning. Such researches are useful for fledged understanding the history of the development of the domestic judicial system and its trends. Therefore, taking into account the history of transformations and their scales, the book gives a new understanding of the modern state of judicial system and possibility of its modeling – with due regard for the mistakes of the past.
Experimental approach to communicative language techniques has proved to be effective within the frame of instructional cycle. Communicative techniques would naturally include the broad concept of individualization. Finding effective techniques for large classes appears to to a major concern in order to examine the popular belief that general outline of learning a second language is nominal and the interactive approach is to rely on percetive percularities within the sequence approach.
As a rule registered trademarks are not copyright. But in some cases they are - if trademarks are original. In these cases the problem of delimitation arises. To avoid the troubles, thetrademark applicants, as recommended, obtain a written consent from copyright owner concerning the use of his or her copyrighted work as a trade mark. This document must also provide waving moral rights concerning copyrighted work. Article 1483 (point 9) of the Civil Code of the Russian Federation provides that the trade mark, which includes copyrighted works, widely known in the Russian Federation, can be used with the consent of copyright owner only.
The subject of this monograph is intellectual property law in Russia. This study focuses on legal mechanisms of protection of intellectual property rights since, in Russia, legislation is the main source of such rights. Though neither judicial practice nor theses propounded in legal literature are formally considered sources of intellectual property law in Russia, they at times seriously affect court rulings, and so much attention is paid to them in this study in dealing with key issues and points of dispute.
All references to legislation in this monograph are valid as of August 2014, but account is taken of amendments to Part Four of the Civil Code that are due to enter into force on 1 October 2014.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/