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Рассмотрение экономических споров хозяйствующих субъектов в области интеллектуальной собственности в евразийском регионе: к вопросу о становлении понятия «наднациональная арбитрабельность»
The article is devoted to the consideration of supranational legal regulation of legal relations arising in connection with the registration, legal protection and use of Eurasian patents, as well as trademarks, service marks and appellations of origin of goods of the EAEU, which, in the author's opinion, predetermines the possibility of supranational arbitrability of economic disputes of business entities in the field of intellectual property. The author notes that at present, the legal protection of intellectual property in the Eurasian region is of a territorial nature, but the states of the Eurasian region demonstrate progress in the field of integration. The author notes that the Eurasian Patent Convention (EAPC), signed in 1994, marks an important step in this direction. The author concludes that the EAPC represents a more developed alternative to previously existing mechanisms, harmonizing substantive and procedural patent law and creating the Eurasian Patent Office (EAPO) for issuing patents. However, the author emphasizes that the Eurasian patent regulation does not replace national processes, which may lead to legal uncertainty. It is also important to note that applicants operating in the single customs territory of the EAEU have the opportunity to obtain a single Eurasian patent for inventions valid in all eight member states of the EAPC. Analyzing this situation, the author highlights the need for further research into the possibility of institutionalizing supranational arbitration of intellectual property disputes in the Eurasian region, as well as the possibility of functioning of supranational arbitration within the framework of integration associations of the Eurasian space, in particular, the EAEU. Thus, the author comes to the conclusion that the EAEU platform is optimal for the establishment of supranational arbitration in a broad sense, that is, for the consideration of private law economic disputes of economic entities arising both from the legal acts of the EAEU and the acts regulating the Eurasian patent system, arguing that the majority of the EAPO member states are member states of the EAEU.