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Intellectual Property Reform in Russia: Analysis of Part Four of the Russian Civil Code

Galtsova, Polina (2008)
Department of Law
Abstract
After the dissolution of the Soviet Union in 1991, Russia was in the crisis that affected every aspect of the state activity. Among other things, Russia had to enact its own legislation that could serve the establishment of a market economy. The crisis affected heavily the intellectual property rights (IPR) protection: Russia had no IPR laws and no relevant state agency. During 1992-1993, new Russian IPR legislation was adopted. This legislation had certain faults, which was a result of, first, hasty preparation of the legislation&semic second, the lack of IPR traditions and experience in Russia where the Soviet-regime dominated for many years. The intellectual property reform that started in Russia in 2006 aims to replace the IPR laws of... (More)
After the dissolution of the Soviet Union in 1991, Russia was in the crisis that affected every aspect of the state activity. Among other things, Russia had to enact its own legislation that could serve the establishment of a market economy. The crisis affected heavily the intellectual property rights (IPR) protection: Russia had no IPR laws and no relevant state agency. During 1992-1993, new Russian IPR legislation was adopted. This legislation had certain faults, which was a result of, first, hasty preparation of the legislation&semic second, the lack of IPR traditions and experience in Russia where the Soviet-regime dominated for many years. The intellectual property reform that started in Russia in 2006 aims to replace the IPR laws of the transitional post-Soviet era with a new legislation. As a result, the Russian parliament (the State Duma) adopted a new corpus of intellectual property rights legislation - part four of the Russian Civil Code, which was made effective starting from 1 January 2008. The reform introduced a number of substantial amendments into the legal regulation of the IPR in Russia, including several new concepts previously unknown in Russian legislation. Besides, the reform changed the structure of the Russian IPR legislation by codification of all IPR provisions within the Russian Civil Code. However, the new law gives a contradictory impression. While some novelties of part four of the Civil Code are able to improve the IPR protection in Russia, certain provisions of the law may affect it negatively. The purpose of this thesis is to examine what is the matter of the intellectual property reform in Russia, what are the novelties that the reform introduced into Russia legislation, what are advantages and disadvantages of these novelties, and what impact these novelties are able to have on the level of the IPR protection in Russia and other related issues. (Less)
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author
Galtsova, Polina
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law and Intellectual Property Rights
language
English
id
1555285
date added to LUP
2010-03-08 15:23:12
date last changed
2010-03-08 15:23:12
@misc{1555285,
  abstract     = {After the dissolution of the Soviet Union in 1991, Russia was in the crisis that affected every aspect of the state activity. Among other things, Russia had to enact its own legislation that could serve the establishment of a market economy. The crisis affected heavily the intellectual property rights (IPR) protection: Russia had no IPR laws and no relevant state agency. During 1992-1993, new Russian IPR legislation was adopted. This legislation had certain faults, which was a result of, first, hasty preparation of the legislation&semic second, the lack of IPR traditions and experience in Russia where the Soviet-regime dominated for many years. The intellectual property reform that started in Russia in 2006 aims to replace the IPR laws of the transitional post-Soviet era with a new legislation. As a result, the Russian parliament (the State Duma) adopted a new corpus of intellectual property rights legislation - part four of the Russian Civil Code, which was made effective starting from 1 January 2008. The reform introduced a number of substantial amendments into the legal regulation of the IPR in Russia, including several new concepts previously unknown in Russian legislation. Besides, the reform changed the structure of the Russian IPR legislation by codification of all IPR provisions within the Russian Civil Code. However, the new law gives a contradictory impression. While some novelties of part four of the Civil Code are able to improve the IPR protection in Russia, certain provisions of the law may affect it negatively. The purpose of this thesis is to examine what is the matter of the intellectual property reform in Russia, what are the novelties that the reform introduced into Russia legislation, what are advantages and disadvantages of these novelties, and what impact these novelties are able to have on the level of the IPR protection in Russia and other related issues.},
  author       = {Galtsova, Polina},
  keyword      = {International Human Rights Law and Intellectual Property Rights},
  language     = {eng},
  note         = {Student Paper},
  title        = {Intellectual Property Reform in Russia: Analysis of Part Four of the Russian Civil Code},
  year         = {2008},
}