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Legislation on Intellectual Property in the Russian Federation: Novels Introduced in the Civil Code of R.F. By the Federal Law of March 12, 2014 ¹ 35 Fz

Eduard Gavrilov ()
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Eduard Gavrilov: National Research University Higher School of Economics

HSE Working papers from National Research University Higher School of Economics

Abstract: This paper is a short English version of my various articles on this topic published in Russian, in journals: «The business and the law» (Chozjaistvo i pravo) and «The patents and licenses» (Patenti i licenzii). As is known modern Russian revolution in the field of intellectual property legislation occurred January 1, 2008: on this day Russian intellectual property legislation was codified, included in the text of the Civil code of the Russian Federation as part fourth of the Civil Code (CC). Part fourth of the Russian CC (Federal law ¹230-FZ, 2006) entered into force on January 1, 2008. Second Revolution in this field took place during 2014: Federal law ¹35-FZ, 2014, substantially amending the Fourth part on the CC, entered into force on October the first 2014. The essence and evaluation of these amendments is the subject matter of this paper. Factually the Federal Law ¹35-FZ (2014) is the eleventh law amending the text of the part fourth of the CC. But all previous amendments were small and not substantional. As far as amendments introduced by the law ¹35-FZ (2014) are concerned, they are numerous and very, very substantional. I cannot say that the law ¹35-FZ (2014) represents a new Revolution in the field of intellectual property legislation of my country, but I convinced, that the law is a rather big step towards building a modern system of intellectual property legislation in Russia. Before entering into force of the law ¹35-FZ (2014) (thereafter - law 35-FZ), the Part fourth of the CC contained 328 articles. The law 35-FZ amends 169 articles of it and adds to it new seven articles

Keywords: general provisions of Russian intellectual property legislation; disclaimer from rights; compensation instead of collection of damages; compensation for employment objects of patent law; exclusive rights for publicly performed works; exclusive rights for know-how; “fault” principle; examination of utility model applicants (search for similar items in EconPapers)
JEL-codes: K19 (search for similar items in EconPapers)
Pages: 14 pages
Date: 2015
New Economics Papers: this item is included in nep-cis, nep-ino, nep-ipr, nep-pr~ and nep-tra
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Published in WP BRP Series: Law / LAW, July 2015, pages 1-14

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:52/law/2015

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