E.P.Gavrilov, doctor of sciences, professor, chair of the civil law of the state university Higher school of economy discusses the issue what are the objects of the intellectual rights and whether these objects can be divided.
Competition and Intellectual Property Law in the Pharmaceutical Sector deals with the apparent contradiction between intellectual property (IP) rights (particularly patents) and competition law, with a focus on the pharmaceutical sector: in its aim to promote innovation and long-term competition, the patent system in fact provides a temporary right to exclude. The book explores the possibility of adjusting patent policies to better account for the trade-off between static and dynamic welfare and minimize the risks of anticompetitive behaviour, which happens with the misuse of patents. This book, the first to deal with this issue on a global basis, tackles the clashes of case law by Courts and antitrust enforcement by competition authorities that undermine the predictability of solutions to this problem and increase the risk of fundamental rights violations and excessive transitional costs for enterprises.
Examining the approaches to competition and IP regulation in fourteen leading jurisdictions, the analysis provides a comparative perspective on recent relevant regulations and case law in the pharmaceutical sector. Thirty-one contributions by internationally known experts in both fields – judges in specialized courts, chairmen and board members of national competition authorities, and well-known scholars and practitioners – focus on the salient topics and on the interplay between patent law and competition law, with an insight into the human rights issues that arise.
Tha chapter analyses contract of employment: basic definition, formal requirements, effects of invalidity of contract; basic definition of the employment relationship; basic definitions of employee and employer; establishment of sub-types of employees; establishment of specific group of ‘workers’ ; criteria and indicators of economic depemdenace and subordination and other criterias of employee in Russian albour law.
The article examines issues in employers’ social responsibility with the account of international and Russian standards, Russian legislation, social reports of the Russian and foreign companies and case law. The author outlines problems of interpretation of the core CSR concepts and describes the peculiarities and legal aspects of CSR implementation in Russia. The first part of the article describes historical prototypes of CSR, analyzes this concept in the context of its interpretation in international and Russian acts, as well as outlines the spectrum of obligatory and recommendatory sources of social responsibility regulation issues. Apart from this, the first part of the article offers a brief examination of the core CSR principles. The study of these issues has been taken with regard to the role of the Russian union of manufacturers and entrepreneurs in the CSR development in the Russian Federation, its cooperation with the respective international bodies. This part examines general questions of non-financial reporting, as well as modern alternatives to social reporting as a way of sharing the information on companies’ compliance with the CSR principles. The first part of the article is concluded with an interim summary on main ideas introduced in the first part of the article.
As the object of empirical research conducted deep interviews, made 68 employers-owners and salaried managers, heads of enterprises of small and medium-sized business of Nizhny Novgorod. The research results obtained by using content analysis of transcripts of interviews, testify to the presence of a number of specific features characterizing the position of employer small and medium-sized businesses in the modern system of labour relations. Unfortunately, it should be stated that this position today is extremely vulnerable.
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/