• Ruslan B. Sitdikov Kazan Federal University
  • Ravil M. Sadykov Kazan Federal University



protection of patent rights, non-jurisdictional forms, self-defense, claim, warning, mediation.


This article discusses the features of the implementation of non-jurisdictional forms of protection of civil rights (self-defense, claims, mediation) in relation to patent infringements in the Russian Federation. It is noted that the self-defense of patent rights by classical means in non-contractual legal relations is limited due to the peculiarities of the legal nature of the objects of patent rights, namely because of their intangible nature, the general availability of information about them, the presence of state registration, but it is possible to use special means of self-defense: software and hardware, introduction trade secrets, optimization of patenting and legal protection strategies as know-how. It is concluded that it is necessary to specify the provisions of Articles 1252 of the Civil Code of the Russian Federation and Articles 14.1. - 14.3. Federal Law on the Protection of Competition regarding the assessment of good faith / unfairness of the distribution by the patent holder of warnings about the alleged violation of his rights and apply the approach according to which: the patent holder has the right to protect his exclusive right, and also in case of threat of negative consequences from third parties, to disseminate information about the alleged , in his opinion, a violation of his rights, including against the alleged offender, as well as other persons, including buyers / p purchasers of goods, works, services of the patent holder or the alleged infringer, which in itself is not an act of unfair competition.


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Sitdikova R., Sitdikov R. Violated Copyright protection in the Russian Federatijn // Mediterranean Journal of Social Scienses MCSER Publishinq Rome-Italy, 2014, P.471-476

Valeev D.K., Baranov S.Y. The reform of the civil procedural legislation: world trends // Life Science Journal. 2014. No. 11 (12p). P. 728-731

Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 N 25 “On the application by courts of certain provisions of section I of part one of the Civil Code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation, N 8, August, 2015

Yuzhanin N.V. Self-defense of civil rights: theory issues // Lawyer. 2015. N 19. P. 17 - 22. ATP "Consultant Plus".

C. M. Correa, Trade Related Aspects of Intellectual Property Rights. A Commentary on the TRIPS Agreement (Oxford University Press, New York, 2007)

S. Budylin and Y. Osipova, ‘Total Upgrade: Intellectual Property Law Reform in Russia’, Columbia Journal of East European Law, Legislative Development (2007).

WIPO Intellectual Property Handbook: Policy, Law and Use. 2001. Geneva.

Eremenko V.I. Issues of unfair competition in the framework of the “fourth antitrust package” // Competition law. 2016. N 1. P. 3 - 12. ATP “Consultant Plus”

Sannikova L. V., Kharitonova Yu. S. Protection of Patent Holders' Rights under a Conflict of Drug Patents. Perm University Herald. Juridical Sciences. 2019. Issue 1. P. 121-145. DOI: 10.17072 / 1995-4190-2019-43-121-145

Competition and Consumer Privacy in the Cyberspace Market Klien, Joseph A; Rao, PM; Dalvi, Manoj. JIPR Vol.23 (2-3) [March-May 2018]. 70-85

Mediation in the field of intellectual property // URL: Date 05.16.2019



Como Citar

B. SITDIKOV, R. .; M. SADYKOV, R. . NON-JURISDICTIONAL FORMS OF PATENT RIGHTS PROTECTION IN THE RUSSIAN FEDERATION . Gênero & Direito, [S. l.], v. 8, n. 6, 2019. DOI: 10.22478/ufpb.2179-7137.2019v8n6.49295. Disponível em: Acesso em: 29 set. 2023.



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