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Application of Certain Novels of the Law of Obligations to Obligations of Transfer Exclusive Rights

Student: Alina Kosenko

Supervisor: Alexander Sergeev

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

The aim of the study is to analyze the novels of the 2015 liability reform and their application to agreements on the transfer of intellectual property rights. To achieve this goal, the following tasks were set: study of each novel, concepts and signs in doctrine and practice; analysis of judicial practice on the application of the novels under consideration to agreements on the transfer of intellectual property rights; comparison of novels relating to general provisions on obligations and contracts, with the special regulation provided for in part 4 of the Civil Code. In this study, some novels of the liability reform were considered regarding general provisions on obligations and contracts (the use of astreintes, institutions of false assurances, pre-contractual liability, unilateral termination and amendment of an obligation or contract). As a result, it was concluded that, due to the lack of special regulation in part 4 of the considered institutions, the application of the provisions of the general part of the Civil Code contributes to the development of regulation of relations arising from the transfer of intellectual property rights, as well as the application of the reviewed novels is necessary for normal circulation in the field of intellectual property rights.

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