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ARCHIVE FOR 2010    RUSSIAN

Март 2010

CONTENT

 

INTERVIEW OF THE ISSUE

 

 

ON COURT

 

 

 

V.O. Kaliatin Disputes on Domain Names: Between Past and Future
IN THE ABSENCE OF LEGAL REGULATIONS ON DOMAIN NAMES, THE ONLY DIRECTION FOR PARTICIPANTS OF CIVIL TURNOVER CAN BE JUDICIAL PRACTICE. THE AUTHOR CONSIDERS THE MOST NOTORIOUS AND IMPORTANT RUSSIAN CASES OF RECENT YEARS RELATED TO DISPUTES ON DOMAIN NAMES AND FINDS TRENDS OF LSW ENFORCEMENT IN THIS AREA.
Keywords: domain names, disputes on domain names, commercial names, identities
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S.V. Volkov, V.V. Bulychev On Nature of Domain Names and Possible Protection of their Owners' Rights
THE ARTICLE CONCERNS THE LEGAL NATURE AND LEGAL STATUS OF DOMAIN NAMES IN VIEW OF THE RUSSIAN COURT PRACTICES. BESIDES, THE AUTHORS ANALYZE IN DETAIL THE RELATION BETWEEN THE RIGHTS IN DOMAIN NAME AND THE RIGHT IN TRADEMARK SIMILAR TO THE DOMAIN NAME.
Keywords: domain names, trademark, identities, protection of rights in domain names
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V.P. Bykov, N.S. Yudina, V.V. Ulitina Legal Remedies of Exclusive Rights in Trademarks
THE ARTICLE CONCERNS THE ASPECTS OF PROTECTING THE RIGHTS IN TRADEMARKS IN RUSSIA AND ILLUSTRATES THE LEGISLATIVE PROVISIONS WITH SPECIFIC EXAMPLES FROM COURT PRACTICES. PROHIBITION OF UNAUTHORIZED USE OF TRADEMARKS AND PAYMENT OF COMPENSATION, IN THE OPINION OF THE ARTICLE AUTHORS, ARE THE MOST COMMON LEGAL REMEDIES.
Keywords: trademark, legal remedies of trademarks, prohibition of trademark use, compensation for trademark use
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I.N. Yeliseev Singapore Trademark Law Treaty
IN THIS ARTICLE, THE AUTHOR MAKES SHORT ANALYSIS OF THE MAIN PROVISIONS OF THE SINGAPORE TRADEMARK LAW TREATY DD. 27.03.2006 IN THE CONTEXT OF ITS RELATION TO OTHER ACTS (INTERNATIONAL AND NATIONAL), DETERMINING ITS ROLE AND IMPORTANCE IN THE SYSTEM OF INTERNATIONAL LAW AND RUSSIAN NATIONAL LEGISLATION IN THE AREA OF INTELLECTUAL PROPERTY.
Keywords: Singapore Treaty, trademark law, trademark registration, legislation on intellectual property
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O.A. Gorodov On the Notion, Features and Legal Regimes of the Unified Technology
THE ARTICLE DESCRIBES FROM THE DOCTRINAL PERSPECTIVE SOME OF THE CHALLENGES TO BE FACED IN LAW ENFORCEMENT PRACTICES OF USING THE RESULTS OF INTELLECTUAL ACTIVITIES AS A PART OF THE UNIFIED TECHNOLOGIES.
Keywords: unified technology, result of research and development activities, legal regime of the unified technology, subject of the right in unified technology
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V.A. Khokhlov Instrumental Results of Intellectual Activities
IN THIS DETAILED STUDY OF THE LEGAL STATUS OF INTELLECTUAL PROPERTY CREATED BY EMPLOYEE BY INSTRUCTION, THE AUTHOR INVOLVES A WIDE RANGE OF ISSUES - FROM RECOGNITION OF CREATED RESULTS OF INTELLECTUAL ACTIVITIES TO BE INSTRUMENTAL AND TO PRACTICAL ASPECTS OF USING EXCLUSIVE RIGHTS.
Keywords: works for hire, royalty, exclusive rights in the works for hire, signs of the works for hire
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D.I. Seregin Legal Issues of Names Protection in the Russian Federation
THE SUBJECT OF INVESTIGATION IN THIS ARTICLE IS THE PROTECTION OF FAIR USE OF THE PRODUCT NAME NOT REGISTERED AS A TRADEMARK AND SUCH "NON-CLASSICAL" IDENTITIES AS AUTHOR’S NAME, PRODUCT NAME AND NAME OF THE MASS MEDIA.
Keywords: identities, author’s name, legal remedies of names, product name, mass media name
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R.A. Merzlikina Legal Protection of Inventions in the Area of Healthcare
WHAT MECHANISMS IN THE RUSSIAN LEGISLATION SHOULD BE DEVELOPED TO ACHIEVE A BALANCE BETWEEN PUBLIC INTERESTS IN HEALTHCARE AND PRIVATE INTERESTS OF DEVELOPERS OF INNOVATION TECHNOLOGY IN THE HEALTH SECTOR? THIS ISSUE SHOULD FINALLY DRAW ATTENTION OF LAWYERS AND HEALTHCARE OFFICIALS.
Keywords: legal protection of inventions, healthcare technology, patent law, public interests in healthcare, legal protection of treatment modality
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R.S. Nagorniy Norms of Free Use of Copyright Objects in the 4th Part of the RF Civil Code
THIS ARTICLE GIVES DETAILED COMMENTS ON THE PROVISIONS OF THE FOURTH PART OF THE CIVIL CODE, GOVERNING FREE USE OF WORKS. SAMPLE OF ALL CASES OF FREE USE OF COPYRIGHT OBJECTS ALLOWS TO CLASSIFY KNOWLEDGE ABOUT THIS INSTITUTION.
Keywords: copyright, free use of works, use of works for personal benefit, quoting of works, use of works for scientific purposes
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ANALYTICS: SPEAKER’S CORNER

V.V. Petrova, S.B. Masleeva Practical Application of clause 27 of Information Memorandum No. 96, dated 22.12.2005 of the Presidium of the Supreme Arbitration Court of the Russian Federation
OPINIONS ON THE ISSUE BY ARBITRATION COURT OF A WRIT OF EXECUTION TO ENFORCE ARBITRAL AWARDS, DEMANDING THAT THE REGISTRATION AUTHORITY REGISTER TITLE IN REAL PROPERTY FOR THE PARTY OF THE ARBITRATION PROCEEDINGS, WERE IN FACT SPLITTING. DIFFERENT APPROACHES ARE ILLUSTRATED BY COURT PRACTICES.
Keywords: arbitration, disputes on state registration of title in real property, writ of execution, enforcement of awards, arbitration proceedings
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T.I. Otcheskaya, D.V. Vershynina Matters of Improvement of the Institute of Disciplinary Liability of Judges
THE SUBJECT OF RESEARCH FOR AUTHORS IS THE INSTITUTE OF DISCIPLINARY LIABILITY OF JUDGES PLAYING A HUGE ROLE IN THE PROPER ORGANIZATION OF THE JUDICIARY. IN ADDITION, THE MATTER OF LIABILITY OF JUDGES WITH LOW PROFESSIONAL LEVEL AND THE MATTER OF DIFFERENTIATION OF SANCTIONS ARE CONCERNED.
Keywords: disciplinary liability of judges, judiciary, differentiation of sanctions, Code of Judicial Ethics
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE

 

 

SCIENTIFIC AND ADVISORY COUNSIL

 

 

FACES OF COURT