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ARCHIVE FOR 2012    RUSSIAN

Апрель 2012

CONTENT

 

 

INTERVIEW OF THE ISSUE

Choucha S.Yu. «What is the difference between state authority and arbitration court? The latter is people-oriented»
Development of the Russian arbitration system, the role of arbitration courts, the role of Moscow Arbitration Court, personnel resourcing and cooperation with mass media – all the above issues have been covered during the interview with Sergey Y. CHOUCHA - the Chairman of Moscow Arbitration Court
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BUSINESS CHRONICLES

Can a hosting service provider be held liable for violation of exclusive rights?
Comment to the Decree No 6672/11 of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 01.11.2011

 

Do we have to pay taxes for the motor vehicle which we disposed of but did not deregister?
Comment to the Decree No 12223/10 of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 15.12.2011

 

Is it possible to act to collect the loss of expected profit resulted from the unsecured claim?
Comment to the Decree No 2929/11 of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 06.09.2011

 

Until which moment the former leaseholder who has bought some fixed property has to pay rent for this property?
Comment to the Decree No 8472/11 of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 10.11.2011

 

Is it possible to use penalty as a method to secure the obligation to deliver a bank guarantee?
Comment to the Decree No 5531/11 of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 13.09.2011

 

SCIENTIFIC SCHOOL

Sukhanov E.A «Bona fide civil law is here to stay»
Evgeny A. Sukhanov, Head of Civil Law Department of the law faculty at the Moscow State University, a renowned specialist in proprietary law, has been interviewed by “Moscow Lawyer” magazine, and during his interview he told about the most interesting amendments in the Draft of Amendments to the Civil Code of the Russian Federation, as well as about the prospects of future improvements in the circulation of proprietary rights.
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PROBLEM

Kalyatin V.O Approaching the new era in development of Russian legislation about intellectual property
The article covers the major amendments suggested in the final revision of the Draft of Amendments to Part IV of the Civil Code of the Russian Federation. The author is a member of group which was working on the amendments, and he expects the institution of complex object to appear, predicts significant changes in the procedure of managing exclusive rights, as well as regulations about liability in the field of intellectual property.
Keywords: amendments to the Civil Code, complex object, managing exclusive rights, ISP, license agreement.
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PRIVATE LOOK

Voynikanis Е.А. Responsibility of information agents: from court practice to creating the new article in the Civil Code
There is still little research done in the field of liability of information agents in Russia, one of the reasons is complexity of this topic and existing discrepancies in law operation. The article investigates into the balance between applying limitations in the liability of information agents and assigning them with additional obligations. Contradictory court practice in this field and possibility to use the foreign experience are also highlighted in this article. The author believes that the prepared Draft of Amendment to Part IV of the Civil Code is not an appropriate solution to the problem.
Keywords: information agent, user agreement, hosting service provider, liability of information agents, Draft of Amendments to the Civil Code of the Russian Federation.
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Yakhin Yu.A. Conflict between the right for trademark and the right for industrial design: trends in dispute settlement practice
Collision of rights for the results of intellectual activities and methods of individualization is a common and well investigated problem. However within this problem there is still one issue to be solved: the collision of rights for trademarks and rights for industrial design, as there is no judicial practice in this field or there is some, but with a lot of contractions. The author of the articles is investigating into the court dispute which can put some clarity into the stated problem.
Keywords: trademark, industrial design, collision of rights, refund
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Mazaev D.V. «Pirate registration of trademarks: who is right, who is wrong?”
The article covers the problem of trade-off between exercising exclusive rights for trademark and suppressing unfair competition, in particular, if the rights holder’s actions around the state registration of the trademark have been acknowledged in accordance with established procedure as misuse of the right or as unfair competition, it can be considered as one of the reasons for disputing and holding invalid the legal protection of trademark.
Keywords: trademark, exclusive right, misuse of the right, unfair competition, concerned parties, state registration, Russian Agency for Patents and Trademarks
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Ermakova E.P. Alternative dispute settlement in the field of intellectual property
The article is investigating into the concept of IP-disputes, describes activities of IP-dispute resolution centers, including WIPO Arbitration and Mediation Center, US Arbitration Association, Asian Domain Name Dispute Resolution Center, and also provides some statistic data about the performance of the above centers.
Keywords: alternative dispute settlement in the field of intellectual property, IP-disputes, arbitration centers for IP-dispute resolution
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Gladkaya E.I. (.rf) domain: retrospective review
Two years ago first domain names written in Cyrillic appeared and soon became popular, however legal regulation of this subject is not perfect. Legislative gaps and discrepancies, lack of serious academic comprehension of the problems which occur – all cry for the first detailed analysis of the existing court practice.
Keywords: domain names, cyber squatting, trademark
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Bulgakov D.A. Balance between adversarial principle and principle of justice in arbitration: what is prevailing
The author is reviewing the issue about the scope of adversarial principle with reference to the new Decree No 8 of the Plenary Assembly of Supreme Arbitration Court of the Russian Federation dated 22.12.2011 “About some issues of application of Article 333 of the Civil Code of the Russian Federation”. Based on the complex analysis of domestic and international legislation, as well as using the court practice, the author formulates an innovative approach to resolution of the conflict between adversarial principle and principle of justice when reducing the contractual penalty.
Keywords: adversarial principle, principle of justice, penalty
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LAW ENFORCEMENT OF CURRENT INTEREST

 

 

EVENTS

 

ASSOCIATION OF LAWYERS OF RUSSIA