Intellectual property courts - what is it?

Intellectual property in our country, unfortunately, has so far a vulnerable status regarding the results of human production. Who will help the real owner today in case of illegal use of the fruits of his intellectual activity by someone to protect copyright and punish the thief?

The protection, support and protection of creativity and other intellectual achievements are directly related to the protection of human rights and personal freedom and are the most important principles of any rule-of-law state. Protect the intellectual right to the objects of activity is possible in administrative order or, based on the nature of the dispute, through the courts on intellectual property rights.

Defend your intellectual right

The right to intellectual property is protected by means of the methods provided for by this Code of the Russian Federation, taking into account the essence of the violation of rights in each particular case under consideration, and the magnitude of the consequences of this violation. The methods of protection provided by the code are permissible for application in the framework of legislation on demand of rightholders, also at the request of rights management companies on a collective collective basis, and other legal or natural persons.

If the guilt is not established in the actions of the offender, then he, nevertheless, is still obliged to perform actions that stop the violation. Moreover, the application of measures against the offender in this case is also not canceled. As the well-known rule says well: ignorance of the law does not absolve from responsibility for its violation.

More specifically, the decision of the court on intellectual rights to allow violation and suppress actions that violate the exclusive right to discuss or create a threat of violation of this right will be carried out regardless of the offender's fault and, at the same time, the damages will be compensated for at his expense.

What are the courts on intellectual property rights

The Intellectual Property Tribunal is a specialized arbitration court that deals with cases of disputes and claims relating to the protection of intellectual property rights within the competence prescribed by law as a court in two instances: first and cassation. The Intellectual Property Court is the first specialized court in Russia.

Actually, speaking, the judicial procedure for the consideration of disputes - to date, is the most democratic and accessible form of protection of personal subjective law. For modern society, judicial protection is considered the highest form of protection of civil rights, including intellectual property.

Process difficulties

In civil litigation, disputes about violations relating to intellectual property are considered to be the most difficult cases. And this is quite a fair opinion. Since the complexity in this issue is due to a variety of reasons. For example, some of the reasons are subjective in nature, and in particular they relate to the lack of the necessary experience and knowledge of the party applying to the court for the protection of intellectual property rights, which often results in unfounded claims or incorrectly formulated claims, or in insufficient for the proceedings Evidence base, etc.

For reasons that are objective, it is possible to attribute the inadequacy of the chapters of normative legal acts. And besides this, judicial investigations in the field of intellectual rights are very time-consuming, require a lot of time and special knowledge. This suggests that in order to ensure a highly professional level of consideration of cases in this area, a corresponding high specialization of judges and lawyers is necessary.

Composition of court

The Court of Intellectual Rights of the Russian Federation carries out its activities in this composition:

1. Judges.
2. Judicial composition.
3. Presidium.

In the first instance, judicial proceedings are reviewed by a collegial staff of judges. In the second instance, that is, in the cassation court, appellate cases are reviewed in such a composition:

1) Presidium of the Court on Intellectual Rights.

2) Collegial composition of judges.

Who the court recognizes or does not recognize the author

The author of the final product of intellectual activity will be a citizen whose creative activity created this product. Authors of the final result of intellectual activity will not recognize citizens who have not made any personal creative contribution to the creation of an intellectual copy, such is the final ruling of the court on intellectual property rights.

The number of the unrecognized also includes citizens who rendered the author only consulting, technical or organizational or material assistance. People who have helped or contributed to the registration of the rights to the final result or its use, as well as those who monitored the performance of the works, will also not be recognized either by the authors or co-authors of the final intellectual creation.

What can be the judicial decision on intellectual property rights

The right of authorship belongs to the creator of the product of intellectual activity, and plus in the cases provided by the current Code, he will also have the right to a name and other personal-non-property rights. All of the above rights of authorship, including the right to a name and other personal non-property, are inalienable and indescribable.

Indefinite protection of authorship and author's name

Citizens filing cases before the courts on intellectual property rights, first of all, should have an idea of the possibilities and powers of these instances. Legislative provisions read:

1. The original and exclusive right to the final product of intellectual activity, created through creative work, is listed as the author of this work.
2. This author can transfer this right to another person under a certain contract, or entirely on other grounds established by law.
3. The right to intellectual creative product, which was created in the course of the joint creative activity of two or more citizens (which is called co-authorship), belongs together to all co-authors.

Incidentally, when filing a lawsuit in intellectual property courts, registration of a work for the protection of copyright and others is not required to perform any other, but similar, formalities.

What results are protected by authorship

In accordance with the provisions of Part IV of the Civil Code of the Russian Federation, the term "intellectual property" only covers the creations of intellectual activity and the individual funds of legal entities, for example, goods, works, services, as well as enterprises, but not the rights to them.

The Arbitration Court for Intellectual Rights has the power to recognize intellectual law, as well as intellectual property, which is also a property right, and in cases provided for by the Russian Federation legislative code, also personal non-property rights, as well as other types of rights.

The list of creative author's products and the results of intellectual activity falling under legal protection:

1) Writings related to science, literature and art.

2) Computer programs created.

3) Performances and phonograms.

4) Databases.

5) Transfer of radio or cable broadcasting organizations.

7) Useful models.

8) Inventions.

9) Industrial samples.

10) Advances in the field of breeding.

11) Topologies of integrated microcircuits.

12) Brand names.

13) Trademarks and other service marks.

14) Secrets of production (own know-how).

15) Commercial designations.

16) Names or names of places of origin of goods.

The history of proceedings in the Intellectual Property Law Court

The Intellectual Property Court began its activities on July 3, 2013. In the history of the first instance cases, as a result of 48% of cases, as a result of 48%, the cases considered by the court on intellectual rights for the early termination of the preservation of the trademark were made. As for cases related to the protection of intellectual property (by the way, considered as a court of cassation), 19 percent of them were cases with copyright infringement, 7 percent - violation of related rights and plus about five percent are cases related to Violation of patent rights. The remainder includes proceedings on violations of trademark rights, brand names and service marks.

Analysis of the quality of the work performed

Assessing the quality of proceedings by the court on intellectual property rights, an objective and considerate approach to complex cases was noted. In the case taken as an example, regarding the evaluation of the novelty of the patented design, we can see that the court received the necessary consultations immediately from 3 doctors of various sciences.

If the Presidium repeats the decision of the first instance of the court in the case concerning the issue of the "Gagarinsky" trademark, the court explained in detail under which conditions it can be considered that the official registration of a trademark resulted in a violation of the rights to the name of a famous person.

As a result, in the opinion of the analyzing expert, the analysis of the cases considered by the court testifies to the independence of the judges. In addition, a positive recommendation was a recommendation to ban the transfer of domain names until the end of the case, which, according to the plaintiff's assumption, violate his right to a trademark. Based on the results to date, judging by the work carried out by the courts, citizens of our country finally have confidence in the protection of intellectual property and qualified legal assistance in this area.