SUBMISSION OF THE APPEAL ON DECISIONS OF THE INTERNATIONAL COMMERCIAL ARBITRATION IN INTELLECTUAL PROPERTY
Olga Kuznetsova1, Ekaterina Kupchina2, Kamo Chilingaryan3*
1Associate professor (Ms.) RUDN University, RUSSIA, firstname.lastname@example.org
2Senior Lecturer (Ms.) RUDN University, RUSSIA, email@example.com
3Associate professor (Mr.) RUDN University, RUSSIA, firstname.lastname@example.org
The concept of intellectual property covers an extremely wide range of legal rights and obligations. Each of the objects has its own characteristics, and respectively, the legal protection of each of them has its own specifics. The national legislation of different countries has different approaches to the protection of intellectual property rights.
The territorial nature of intellectual property is also reflected in the fact that the difference in the national legislation of different countries with respect to the same objects entails different types of responsibility for infringements of rights in this area. Their use by courts with different legal traditions and procedural framework may lead to different legal consequences, due to differences in the application of the law.
The problem of parallel existence of objects of intellectual property in different jurisdictions generates a huge number of disputes, and in this connection the issue of effective protection of infringed rights is the most urgent.
This study focuses on the procedure for lodging an appeal against the decisions of international commercial arbitrations dealing with disputes over intellectual property rights. The problems associated with the misinterpretation and application of national legislation is indicated. The article also analyzes analogous experience of foreign countries.
The goal is achieved by solving a number of problems:
- Investigate the specifics of the interpretation and application of national legislation on the protection of intellectual property by international commercial arbitration;
- Identify the most common mistakes that arise in the analysis and evaluation of evidence by the arbitral tribunal;
- Highlight the problem of arbitrability of disputes in the field of intellectual property protection in the Russian Federation, taking into account international experience.
The research methodology is based on both qualitative and quantitative analysis, as well as on the method of the empirical experiment. The study of arbitration rules, as well as of a number of national sources and other normative acts was conducted using specific research methods, logical, statistical and content analysis. The authors relied on the results of research by Russian and foreign theorists of law in the relevant and related fields.
The results of the research can be used to determine key procedural goals and objectives, improve the functioning of judicial and extrajudicial organizations, law enforcement, research activities, as well as in educational activities, in particular lectures and seminars on private international law courses, arbitration process, copyright and patent law.
Keywords: international commercial arbitration, appeal, intellectual property, mediation.
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