Methods and Procedural Forms of Protection of Personal Non-Property Patent Rights in Russia

Ruslan Borisovich Sitdikov; Ravil Mansurovich Sadykov; Golubtsov Gennadievich Valery

Ruslan Borisovich Sitdikov Kazan Federal University
Ravil Mansurovich Sadykov Kazan Federal University.
Golubtsov Gennadievich Valery Perm state national research University

Abstract

The article discusses the legal regulation of the application of civil law methods of non-patrimonial personal rights in the protection of patent rights. Methodologically, the scientific method and the technique of documentary research close to legal hermeneutics were made. By way of conclusion, everything indicates that there is no mandatory administrative procedure for resolving authorship disputes in the patent dispute chamber in Russia. In addition, it was revealed that the provisions of Part 4 of the Civil Code of the Russian Federation with respect to the Protection of Non-Property Personal Patent and Intellectual Rights were unsuccessfully established and created legal uncertainty, as only part of the above methods of civil and personal rights have worked in non-property litigation. As a recomjunction, it is proposed to extend the scope of Article 1407 of the Civil Code of the Russian Federation "publication of the judicial decision on patent infringement" and related administrative procedures for cases of violation of non-patrimonial personal patent rights.

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Author Biographies

Ruslan Borisovich Sitdikov, Kazan Federal University

Asociate professor of the department of Environmental, Labor law and Civil procedure of the Law faculty of the Kazan Federal University.

Ravil Mansurovich Sadykov, Kazan Federal University.

Post-graduate of the department of business and energy of the Law faculty of the Kazan Federal University.

Golubtsov Gennadievich Valery, Perm state national research University

Professor, head of the Department of business law, civil and arbitration procedure of the Perm state national research University.

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