Organization of the Institute of Administrative Responsibility in the Field of Patent Law in the Russian Federation and Federal Republic of Germany

Administrative responsibility, as one of the consequences of patent infringement, is not enough efficient mechanism of protection of patent rights because of insufficient preventiveness of administrative sanction. In this connection, the present work is devoted to finding ways of possible improvement of the institution of administrative responsibility in the field of patent law. The study analyzes the content of patent infringement and organization of the named institution in the patent law in the Russian Federation, and also in the Federal Republic of Germany, whose experience can be partly adopted by Russian legislation. Also, attention is paid to the supranational regulation of considered issue in the Russian Federation and Germany and to the comparative analysis of the legal systems of these states in the field of administrative and patent law. Based on the results of the work, author proposes to supplement the measures of responsibility applied to the infringer, in particular, by adding confiscation of products that infringe the patent.