Jurisdiction of the intellectual property court

Автор: Liubimova E.V.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское право и процесс

Статья в выпуске: 3, 2019 года.

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The author considers the concept of jurisdiction, the classification and analyzes the criteria of jurisdiction on the example of the Court of Intellectual Property Rights. The author proposes the division of substantive jurisdiction into general and exclusive, the latter proposed to classify cases considered by the Supreme Court of the Russian Federation, the Court of Intellectual Property Rights, as well as some of the disputes that are subject to the Moscow City Court. The article proposes a clarification of the term jurisdiction: jurisdiction is a property of a remedy of a right, in particular, a claim. According to the author, the criteria of jurisdiction are the elements of the claim (method of defense, object of dispute, legal facts, parties): the role of the subject of the claim and the parties to the dispute in regulating the jurisdiction of the Intellectual Property Court are described. When building the criteria of jurisdiction, it is extremely important to check their compliance with the functions of the institution, which are also described in the article.

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Jurisdiction, exclusive subject jurisdiction, elements of a claim, functions of jurisdiction, general subject jurisdiction

Короткий адрес: https://sciup.org/147230046

IDR: 147230046   |   DOI: 10.17072/2619-0648-2019-3-28-42

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