Исчерпание исключительного права на селекционное достижение: теория, практика, проблемы
In the article of V.N.Sinelnikova, Doctor of law, Professor of the Chair of Civil and Business Law of the National Research University Higher School of Economics, member of the Scientific Advisory Council of the Supreme Court of the Russian Federation (Moscow, email@example.com), the features of the use of the exclusive right to patent-protected seeds (selection achievements in the field of crop production), lawfully entered into civil circulation on the basis of a license contract are considered. The author argues that the exclusive right of the patent owner to such seeds is terminated (exhausted) and the buyer can use these objects after the expiration of the license agreement for the production of commercial grain without the consent of the patent owner and without paying him\her remuneration. The opinion was also expressed on the effectiveness of contracts for the alienation of protected results of selection activities, in which the limits of disposal of purchased patent-protected seeds are agreed.
We consider the role of trade marks in business management in the modern market. Analyzed the dynamics of applications for international and national registration of trademarks. Showing preference right holders in entering into licensing agreements, compared to contracts of assignment of rights to trademarks, as well as market trends licenses. The basic methods of pricing of the license agreement is considered. Suggesting improvements to the control of the customs value and the inclusion of the license price.
material on legal regulation of selection achievements by the legislation of the Russian Federation is presented in chapter, the concept of selection achievement is formulated and the list of conditions of its protectability is given; legal status of authors and coauthors of selection achievements is presented; the characteristic of the patent for selection achievement is given, the rights and duties of a pantetoobladatel are listed; the attention to the features of selection achievements created by the order or the contract is paid; procedure of check of the declared selection achievement on conditions of compliance to criteria of protectability and its state registration is considered; features of use of selection achievements, including by alienation of an exclusive right on such achievements are shown.
The article deals with civil law aspects of creation (removal, obtaining) service breeding achievements, a comparative analysis of the legal regimes of breeding achievements and service of inventions, utility models and industrial designs, paid attention to legal nature and significance of the employer's employees notice of the receipt of the result intellectual activity.
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/