ON THE JURISDICTION AND COMPETENCE OF THE INTELLECTUAL PROPERTY RIGHTS COURT

Author(s): Shcherbakova L.G., Fomicheva R.V., Svechnikova I.V.

Rubric: Civil, business and contract law

DOI: 10.21777/2587-9472-2020-2-41-48

Release: 2020-2 (24)

Pages: 41-48

Keywords: arbitrary court, intellectual property rights court, jurisdiction of the court, composition of the court, court competence

Annotation: The relevance of the present research is served by the fact that creation of intellectual property rights court in the system of arbitrary courts in RF reopened scientific discussion about the correlation between the jurisdiction of the regular courts and arbitrary courts. Nowadays specialization of judiciary is being prior area of the judicial reform, that’s why issues of jurisdiction and competence of the intellectual property rights court are included into the scientific discourse. Objective: is to develop a model for resolving cases of exclusive rights and arbitration procedural legislation in order to formulate proposals on this basis for improving arbitration procedural legislation. The fundamental basis of the research is built upon dialectical method. The authors also use the other methods of the research which are general scientific and special legal methods including systematic, comparative legal onces, etc. Results: the article examines the features of the content of the legal categories “competence” and “competence” of the intellectual property Court as a specialized judicial body. The analysis of criteria for dividing competence between related bodies is carried out. It shows the General problems in the sphere of implementation by the intellectual property Court of its powers to consider cases within the existing competence. The necessity of changing the composition of the intellectual property Court by introducing the institution of arbitration assessors is proved. It seems appropriate to develop the concept of competence of the court of intellectual rights-a set of jurisdiction and jurisdiction of the case to the specified court, and the criterion for distinguishing the jurisdiction of the dispute is the subject of the dispute and its subject matter. This definition of competence will help to differentiate the powers of the judiciary.

Bibliography: Shcherbakova L.G., Fomicheva R.V., Svechnikova I.V. ON THE JURISDICTION AND COMPETENCE OF THE INTELLECTUAL PROPERTY RIGHTS COURT // Journal of Legal Sciences. – 2020. – № 2 (24). – С. 41-48. doi: 10.21777/2587-9472-2020-2-41-48