Abstract
The goal is to offer a single criterion for determining the methods and procedural forms of protection of the rights and interests of its subjects applicable to the field of intellectual property. Based on the analysis of the concept of the Russian system for the protection of violated or contested civil rights and legally protected interests, the current substantive and procedural legislation and judicial practice of its application, the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, using the comparative legal, formal legal method, the author comes to the conclusion that both private law (author’s) and public law (patent) legal relations are formed in the field of exercising exclusive rights. Proposals are made to improve the procedural legislation. It is proposed to secure notarial protection in the field of copyright.
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