Inshakova A.O. Protection of Cross-Border Turnover of Intellectual Property in the Context of the Economic and Legal Integration of the Russian Federation
Inshakova Agnessa Olegovna
Doctor of Juridical Sciences, Professor,
Head of Department of Civil and International Private Law,
Volgograd State University, Base Department of Southern Scientific Center
of the Russian Academy of Sciences (SSC RAS)
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,
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article is devoted to the legal analysis of qualitative renewal of existing civil legislation regarding the protection of intellectual property rights and the means of individualization associated with the modernization of the economy and legal system of the Russian Federation, its entry into international organizations such as the Council of Europe, the EurAsEC Customs Union, WTO.
The international uniform standards for protection of intellectual property, taking into account the growing “immensity” of their turnover, and the risks associated with their misuse, including for the purpose of infringing competition and market monopolization, concentrate close attention of a national legislator on the institution of exclusive right to the products of creative activity. In order to assess the compliance with such international standards of updated provisions of the Russian civil law, the analysis of foreign legislation, judicial practice and doctrine is carried out. The author’s evaluation of common internationally recognized approaches and standards for the creation, registration and use of intellectual activity results, legal protection, commercialization and protection of the rights to them, requiring reflection in the conditions of national legal reform, also takes into account the active development of globalization and the global information society.
Key words: economic and legal globalization; building the information society; international integration organizations; results of creative activity; objects of exclusive rights, agreements on exclusive rights disposal, legal protection of exclusive rights; conflicts regulation; applicable law; intellectual property, unification of intellectual property rights.
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