Natalia Kapyrina
Maria Kolzdorf
Published: April 30, 2022
The comment reviews key positions in the rulings of the Presidium of the Russian Intellectual Property Court (IPC) issued in October and November 2021. This Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of validity of registered intellectual property rights. Therefore, this review predominantly covers substantive requirements for patent and trademark protection, as well as procedural issues both in the administrative adjudicating mechanism at the Patent office (Rospatent) and at the IPC itself. The current review covers such issues as the procedure for challenging a Eurasian patent term …
Nabil Ahmad Afif
Reeta Sony A.L.
Published: Dec. 23, 2021
At present, algorithms are becoming the heart of society by taking control over the decision-making process as societies are increasingly getting digitalised. There is a consistent theme that an unaccountable, black box technology has taken over the stage and is now making decisions for us, with us, and about us. But the contention around public participation in making decisions in science and technology needs to advance to a stage where there is a more direct conversation between the public and those developing the technologies. With the above mentioned conception of moderating emerging technologies’ development, primarily digital technology due to its …
Natalya Buzova
Marina Karelina
Published: Dec. 23, 2021
The paper looks at improving the judicial system in Russia facing the rapid technological change of modern society in which new relationships are largely associated with different areas of intellectual property. Today biotechnology, digital rights, computer programs and scientific research materials have become widely used in civil circulation and their intellectual property rights should be effectively protected. The paper discusses different issues of protecting intellectual rights provided for by the Civil Code of the Russian Federation, aimed at both suppressing and preventing their infringement, and assesses the statistical indicators of the courts. The practice of the Intellectual Property Rights Court …
Natalia Buzova
Published: Dec. 9, 2021
In the creative industry, performers’ interests cannot be met solely through their own actions and the realization of their own creative abilities. Coordinated interaction of representatives of creative professions and show business is necessary. In this area, various kinds of agreements are concluded, which do not always relate to the exercise of intellectual rights. The Civil Code of the Russian Federation regulates in more detail the contractual relations associated with the use of works of authorship, without paying due attention to contracts with performers, producers of phonograms and broadcasting organizations, which leads to the problem of double interpretation in the …
Alexander Kornienko
Nikolai Samokhvalov
Published: Dec. 9, 2021
The topic of this article is relevant, first of all, due to the fact that at the moment it is objectively impossible to deny the acquisition of the COVID-19 pandemic and its consequences as a kind of main indicator of socio-economic processes and a mechanism for legitimizing the state system of regulation and management in covid and post-covid conditions. The subject of the article is the legal regulation of mandatory vaccination against COVID-19. The purpose of the study is to identify the problems of legal regulation of the process of mandatory vaccination against COVID-19 through the prism of the human …
Erik Valdez-Martinez
Published: Dec. 9, 2021
The article analyzes the “making available” power presented in Russian copyright law, as well as the specifics of obtaining permission to use musical works and phonograms on the Internet. The right to “make available” has been known to Russian law since 2004. This eligibility appears to be very close to the traditional uses of works that existed long before the advent of the Internet. These include, in particular: public performance, broadcasting and cable retransmission. At the same time, “making available” power is presented in Russian law less fully than the indicated powers. The Civil Code of the Russian Federation describes …
Aleksei G. Deineko
Published: Dec. 9, 2021
The article reviews the new Russian legislation introducing the experimental legal regime for the use of highly automated transportation vehicles (HATVs) (driverless vehicles) on public roads. The article analyzes strategic planning documents related to the subject, such as the governmental Traffic Safety Concept for Public Roads with Driverless Transportation Vehicles (DTVs) and the European Union’s documents regulating the use of robots and artificial intelligence (AI). Drafts of the relevant laws presently at the stage of public debate or discussion at the Duma are reviewed. The Russian experience of legal regulation is compared to the international experience, with conclusions made about …
Valentina V. Lapaeva
Published: Dec. 9, 2021
Law as a regulatory system based on the principle of formal equality in freedom is a social phenomenon immanently inherent in a technogenic civilization with its cultural matrix, in which “gene” of techne (skill based on knowledge) was rooted. The specifics of the current stage in the technogenic civilization development are determined by NBIK technologies, NBIK technologies, which contain not only tremendous opportunities to improve the quality of human life, but also no less large-scale dangers of dehumanization, due to their intentions on the posthuman perspectives. The need to resist the destructive potential of these technologies in order to keep …
Luidmila Terentieva
Published: July 27, 2021
The author examines a special approach to establishing the sovereignty of the state in relation to cyberspace, the extraterritorial characteristics of which determine the question of the implementation of the territorial supremacy of the state. The author concludes that the understanding of the state’s sovereignty in relation to cyberspace lies not in detailing a set of measures in the form of sovereign powers undertaken in this area, but in constructing the boundaries of cyberspace both in relation to the technical component of the network infrastructure that supports the smooth functioning of the Network, and in in relation to the virtual …
Shubh Gupta
Reeta Sony A .L.
Published: July 27, 2021
The dawn of the neocolonial project has seen the emergence of a new space: data. Data is a raw material that can be stitched, processed and marketed in the same way as the East India Company (EIC) used to do with India’s cotton. EIC, which started as one of the world’s first joint-stock companies, turned into a wild beast, building a corporate lobby with the help of lawyers and MP shareholders to amend legislation in its favor. The EIC became a particularly atrocious and innovative colonial project that directly or indirectly controlled continents, thanks to an army larger than the …