Non-jurisdictional forms of patent rights protection in the Russian Federation
| Autor | Ruslan B. Sitdikov - Ravil M. Sadykov |
| Cargo | Kazan Federal University, Law Faculty. e-mail: ruslan.sitdikov@gmail.com. Tel.: 89172572445. |
| Páginas | 163-171 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 06 - Ano 2019 – Special Edition
ISSN | 2179
-
7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
163
NON-JURISDICTIONAL FORMS OF PATENT RIGHTS
PROTECTION IN THE RUSSIAN FEDERATION
Ruslan B. Sitdikov1
Ravil M. Sadykov2
Abstract: This article discusses the
features of the implementation of non-
jurisdictional forms of protection of civil
rights (self-defense, claims, mediation)
in relation to patent infringements in the
Russian Federation. It is noted that the
self-defense of patent rights by classical
means in non-contractual legal relations
is limited due to the peculiarities of the
legal nature of the objects of patent
rights, namely because of their intangible
nature, the general availability of
information about them, the presence of
state registration, but it is possible to use
special means of self-defense: software
and hardware, introduction trade secrets,
optimization of patenting and legal
protection strategies as know-how. It is
concluded that it is necessary to specify
the provisions of Articles 1252 of the
Civil Code of the Russian Federation and
Articles 14.1. - 14.3. Federal Law on the
1 Kazan Federal University, Law Faculty. e-mail:
ruslan.sitdikov@gmail.com. Tel.:
89172572445.
2 Kazan Federal University, Law Faculty. e-mail: ruslan.sitdikov@gmail.com. Tel.:
89172572445.
Protection of Competition regarding the
assessment of good faith / unfairness of
the distribution by the patent holder of
warnings about the alleged violation of
his rights and apply the approach
according to which: the patent holder has
the right to protect his exclusive right,
and also in case of threat of negative
consequences from third parties, to
disseminate information about the
alleged , in his opinion, a violation of his
rights, including against the alleged
offender, as well as other persons,
including buyers / p purchasers of goods,
works, services of the patent holder or
the alleged infringer, which in itself is
not an act of unfair competition.
Keywords: protection of patent rights,
non-jurisdictional forms, self-defense,
claim, warning, mediation.
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