ARCHIVE FOR 2014 RUSSIAN
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Август 2014
CONTENT
INTERVIEW OF THE ISSUE
CASE OF INTEREST
A.V. Semenov Apology of the right of prior use The article provides analysis of the issues of legal regulation and judicial protection of trademarks that have become well-known in turnover through their actual use rather than their registration. Author arrives at the conclusion that the principle of senior right should apply not only to the means of identification enlisted in the Part Four of the Russian Civil Code in case of a conflict but also to other designations in use which leads to a substantial expansion of limitation of exclusive rights on means of identification for purposes of their fair use.
Keywords:
trademark, trade designation, means of identification, soviet brands, part four of the Civil Code of the Russian Federation, right of prior use, Intellectual Property Rights Court, unfair competition, senior right principle
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A.N. Kootz, A.V. Tkacheva Particular issues of judicial protection of domain name and trademark The article covers legal regulation of domains and domain names, domain name litigations, their jurisdiction and official knowledge as well as subject matter of participating persons.
Keywords:
trademark, means of identification, domain, domain name, domain name litigation, cybersquatting, unfair competition, domain name administrator, domain name registrar
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E.G. Vasilyeva Taxation at the assignment of trademark Author has studied the widespread situations arising in taxation (on VAT and organisation profits tax) because of the use of trademark, civil nature of the institute as well as the issues of theory of use trademark as a contribution to the equity capital of to the property of a Russian organisaton.
Keywords:
trademark, assignment of trademark, exploitation of trademark
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ANALYTICS: FREE TRIBUNE
T.N. Maslova Court powers in evidentiary activities in civil procedure The article presents comparative legal analysis of norms regulating the court powers in evidentiary activities in civil and arbitral procedure. Main issues are mapped with provision of recommendations aimed on the unification of civil procedural laws.
Keywords:
civil process, arbitration process, evidentiary activity, court powers
Z.Kh. Dokshokova Removal of a member out of the limited liability company The article describes one of the means to solve the conflict between members of a company – removal of a company member. There is a set of responsibilities violation of which can lead to removal of a company member out of LLC. Grounds for removal as sanctions for legal offence and remedies of company’s defense are specified.
Keywords:
limited liability company, removal of a member, corporate conflict
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M.I. Gubenko Civil liability of members of managerial bodies of commercial companies The article explores peculiarities of regulation of civil liability (including indemnification) of managerial body members of commercial companies, the courts valuation of actions of persons acting with authority of the organs of a juristic person against their correspondence to requirements of reasonableness and (or) fidelity, the studying of distribution of the burden of proof in cases concerning recovering of losses incurred by the members of managerial bodies of commercial companies.
Keywords:
civil liability, managerial body member, losses, burden of proof
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