Abstract
The article is devoted to new provisions of the Russian civil legislation in the intellectual rights protection sphere. The legal analysis of the specified short stories gains relevance and the importance in connection with entering of essential changes into the fourth part of the civil code of the Russian Federation regulating the legal protection of intellectual property. The research objective was definition effective civil – legal rights mechanism protection for objects of the intellectual property taking into account changes in the legislation. The specified purpose defined need of the solution of the following tasks: to investigate relation, and also protection and responsibility measures specifics in the considered sphere; to reveal features of application of new legislative designs in the field of protection of the intellectual rights; to consider features of collecting monetary compensation for violation of an exclusive right. The specified tasks were solved with the use of general scientific and private scientific methods. In the research are formulated the offers and recommendations promoting uniform application of norms of civil law in the case of violation of the intellectual rights. In particular, the conclusions of the distribution of the provisions of the civil legislation of the Russian Federation about the increased responsibility of entrepreneurs in the field of non-contractual breach of intellectual property rights. In general is supported the aspiration of the Russian legislator to the improvement of legal categories in the intellectual rights protection field. DOI: 10.5901/mjss.2015.v6n3s6p257
Highlights
The problem of the fight against violations of the rights on objects of intellectual property by means of measures civil – legal character is rather actual for Russia
Civil - legal regulation of the intellectual rights protection is carried out by the fourth part of the Civil Code of the Russian Federation which came into force on January 1, 2008
Practically from the moment of the specified document adoption its structural and substantial defects came to light, on what was looked for the attention in legal literature (Eremenko, 2007, p.43) and in the Concept of development of the civil legislation of the Russian Federation (Note 1)
Summary
In – the third, at acceptance mentioned standardly – the legal act the questions caused scientifically – technical progress, development of the Internet and other information telecommunication networks did not receive the adequate decision These defects and further commercialization of intellectual property entailed mass violations of the intellectual rights in the field. Change of the provisions of the civil legislation concerning an order and ways of protection of the intellectual rights demands scientific research of new rules and detection of features of their application In this regard, the legal analysis of the specified short stories gains relevance and the importance
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