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Procedural Characteristics of Jurisdiction by the Court for Intellectual Property Rights

ФИО студента: Vladimir Shirmanov

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2020

The main point of the graduation work is to find out the most significant institutional features of IP rights protection. For the achievement of the goal characteristics of IP rights, explaining specific of procedural regulation, were determined. What is more the history of foundation, structure and competence of IP court were explored. By the way, author researched judicial jurisdiction among general jurisdiction and arbitration courts. Additionally, three types of dispute resolution procedure were determined. Among them specificity of claim procedure was investigated in more depth. There were look into features of such procedural institutions as for out-of-court dispute resolution, injunctive remedies. Special attention was devoted to the matters of evidence, where such institutions as facts in proof, presumptions, sources of evidence and conservation of evidence were examined. Finally, author came to the following conclusions. Features of IP rights protection procedure are explained by the reason of intangible nature of intellectual property and its technological complexity. Court for intellectual rights plays crucial role in the process of IP rights protection by virtue of its competence and internal management. Determination of competent court includes unclear points, despite recent clarifications made by Supreme Court. Injunctive remedies are very valuable instruments in IP rights disputes, however current legislation prevents its effective enforcement. On the contrary practice of using preliminary injunctive remedies in disputes connected with the Internet is successful, by the reason of simplified procedure of its application. Specificity of evidence is expressed in applying to unique presumptions and means of proof. Moreover, the practice of preliminary conservation of evidences is widely used in IP rights disputes.

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