The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects
| العنوان: | The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects |
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| المصدر: | Actual Problems of Russian Law. 16:110-124 |
| بيانات النشر: | Kutafin Moscow State Law University, 2021. |
| سنة النشر: | 2021 |
| مصطلحات موضوعية: | Conflict of laws, Harm, Field (Bourdieu), Political science, Subject (philosophy), Territorial principle, General Medicine, Element (criminal law), Intellectual property, Object (philosophy), Law and economics |
| الوصف: | The paper discusses the terminological aspects of the system of legal regulation of cross-border relations in the field of industrial property. The use of the term “cross-border relations” does not in itself imply the overcoming of the territorial principle of industrial property protection. Transboundariness as a characteristic of private-law relations, which presupposes a complication of the relationship by a foreign element, means the presence of any connection between the relationship (through a subject or legal fact in the case of cross-border relations in the field of industrial property) with the legal order of several states. It is proposed to define industrial property as rights (exclusive and personal non-property) related to intellectual property in the production-technical and production-trade areas. The system of legal regulation of cross-border relations in the field of industrial property is defined by the author as a coherent group of norms consisting of interrelated and interdependent principles of protection of industrial property (universal, general object and special object), other international and national substantive legal and national conflict-of-laws norms subordinate to these principles, as well as individual norms of non-state nature, subordinate to all the specified legal norms, regulating relations complicated by a foreign element regarding the emergence, use, transfer, restriction, termination, protection of rights to industrial property. In this case, a foreign element in a legal relationship can be represented by the subject, as well as by a legal fact: the place of violation of the right to the industrial property object, the place of execution of the formalities necessary for the protection of the industrial property object, as well as the place of occurrence of the consequences of harm caused by the violation of rights to intellectual property object. |
| تدمد: | 2782-1862 1994-1471 |
| DOI: | 10.17803/1994-1471.2021.128.7.110-124 |
| URL الوصول: | https://explore.openaire.eu/search/publication?articleId=doi_________::0d733de8df9858e296f392aba6d73a32 https://doi.org/10.17803/1994-1471.2021.128.7.110-124 |
| Rights: | OPEN |
| رقم الانضمام: | edsair.doi...........0d733de8df9858e296f392aba6d73a32 |
| قاعدة البيانات: | OpenAIRE |
| تدمد: | 27821862 19941471 |
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| DOI: | 10.17803/1994-1471.2021.128.7.110-124 |