|
Title |
Problems of Jurisdiction of the Copyright
Court in Cases of Unfair Competition
Associated with Trademarks |
|
Authors |
ROSHCHUPKIN Nikolai
master of law, postgraduate
student of civil procedure
department of the Ural State Law Academy. Bld. 21,
Komsomolskaya
Str., Ekaterinburg, 620137. E-mail: n.roshupkin@gmail.com |
|
Section |
Civil and Criminal Procedure |
|
Issue |
1/2014 |
Page |
122-127 |
index UDC |
347.918.2 + 347.772 |
index LBC |
Х711.2 + Х711.49 |
|
Abstract |
Cases of unfair competition connected with use of
the trademarks or ac-quisition of exclusive rights
to it are considered by the territorial divisions of
Federal Antimonopoly Service of the Russian
Federation. The decisions of an-timonopoly
authorities are challenged in arbitration courts (state
commercial courts) of the Russian Federation. These
decisions are contested on the first instance in
arbitration courts of constituent units of the
Russian Federation or the copyright court. It
depends on the grounds of recognition of actions of
unfair competition. The article analyzes the
possible reasons for deviation of the legislator
from the general rule of jurisdiction in arbitration
courts.
The author identifies the conflict of
jurisdiction between copyright court and regional
branches of federal commercial courts when these
cases are reviewed on cassation. The author also
formulates a proposal on introduction of the
con-flict of law rule in the Commercial Procedural
Code of the Russian Federation. According to this
rule all cases of protection of intellectual rights
under the cassation procedure should relate to the
jurisdiction of copyright court. |
|
Keywords |
trademark, unfair competition, conflicts of
jurisdiction, federal commercial courts, copyright
court. |
|
 |
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