Инструменты правовой охраны интеллектуальной собственности при осуществлении внешнеторговой деятельности

Abstract

The article reviews special aspects of protection of intellectual property. The authors analyze approaches of some countries to protection of certain IP items, legal regimes. The paper highlights that it is reasonable to take into account cultural, linguistic aspects of the respective state, mindset of the local population in carrying out export activities. The paper studies special aspects of license agreements entered into in carrying out export activities. It is noted that recent evolution of information and communications technologies has substantially improved opportunities of control over outsourced activities or processes whether in one or several remote national or international locations, which has made outsourcing a more attractive option of international activities in many other spheres. The article studies special aspects of the TRIPS Agreement that introduces not only procedural provisions of review of disputes including the ones associated with violation of rights to intellectual property that bind states, but also specific right protection mechanisms to be directly applied by courts of the states that are parties to the Agreement.