Judicial procedure for resolving disputes on the protection of the rights of co-owners of exclusive copyright

Автор: Martyanova E. Yu.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское, семейное и предпринимательское право

Статья в выпуске: 1, 2021 года.

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The article considers the procedure for resolving disputes arising both within the civil law community of co-owners of exclusive copyright (disputes of the first level) and outside it (disputes of the second level). The level at which a dispute arises in these legal relations determines: the subject of the claim and the means of protection; the procedural form of the dispute, the range of participants in the process and the definition of the procedural role of the co-owner of the exclusive copyright. It is proved that although some disputes with the members of the civil communitty can be resolved according to the rules of chapters 22.3 of Civil procedure code, 28.2 of Arbitration procedure code, in general, the mechanism of protection of rights and interests of individuals reflected in these chapters are not designed for the resolution of disputes within the civil community, because it ignores features of the rights, complicated by the multiplicity of persons and the nature of the conflict that arises between members of the community. The proposed application of the analogy of the rules of Chapter 28.1 of the APC for consideration of cases on disputes within the community if the provisions of the Chapter on corporate disputes are not inconsistent with the substance of the relationship established between co-owners of right.

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Exclusive copyright, co-ownership of the right, civil law community, class action, corporate dispute

Короткий адрес: https://sciup.org/147230079

IDR: 147230079   |   DOI: 10.17072/2619-0648-2021-1-114-130

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