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Abuse Of Intellectual Property Rights

Student: Elizaveta Karapetyan

Supervisor: Alexander Sergeev

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The presented research is devoted to application of rules in terms of bad faith, misuse of right and unfair business practices in the scope of intellectual property rights in modern jurisprudence. Subjects of intellectual property rights are limited in lawful exercise of their rights, therefore it is obligatory for them to follow the rule embodied in Article 10 of the Russian Civil Code, whereby no person is allowed to use granted rights in bad faith. Such principle caused development of the concept of intellectual property abuse aimed at prevention of intellectual property misuse and improvement of Сivil law. The absence of legally defined term as well as the lack of accurate legislative regulation of legal relations arising from IP abuse may cause infringement of rights and legitimate interests of private persons or even society. What is more, being an estimated term, courts, in the process of settlement of IP disputes are granted unreasonably wide decision-making power that also may lead to negative consequences. Due to legal and comparative analysis methods it became possible to define subjective and objective criteria of IP misuse qualification and follow potential ways of non-abuse concept.

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