FEDERAL PATENT COURT OF GERMANY AS AN INSTITUTE FOR THE PROTECTION OF PATENT RIGHTS
Journal: RUDN Journal of Law (Vol.24, No. 4)Publication Date: 2020-12-16
Authors : Karina Kirilova;
Page : 1024-1038
Keywords : German judicial system; patent protection; intellectual property; Federal patent court of Germany; specialized court of Germany;
Abstract
The establishment of the Institute for the protection of patent rights, namely the establishment of the Federal patent court of Germany, has passed a rather difficult historical path. Interest to “protection of patent rights” was first identified in 1877, and that year the “Patent law” came into force; it is still relevant with a new version dated December 16, 1980. The German Federal patent court was established on 1 July 1961 as an independent Federal court. Strife for its establishment was conducted for a long time; it was accompanied by the need to introduce qualified specialists into that system, so called technical judges. The relevance lies in the borrowing of the German model of organization and functioning of the Federal patent court of the Federal Republic of Germany by other States to regulate the work of such a body in the judicial system of the country. The purpose of this article is to study the Institute for intellectual property protection in Germany. The author pays attention to the place and role of the Federal patent court of Germany in the German judicial system, as well as examines the legal regulation of the activities, structure and formation of the Federal patent court of Germany. The methodology of the research consists of the General scientific dialectical method of cognition and the methods that stem from it: systemic, logical, special-legal and statistical. In conclusion, the author of the study argues that today the most effective tool in ensuring and restoring violated intellectual rights is judicial protection, because the process of reviewing complaints in court contributes to finding objective solution to the dispute and allows restore the violated rights.
Other Latest Articles
- TRADE IN DATA: DIFFERENT APPROACHES, ONE REALITY
- LEGAL REGULATION OF COMMUNICATION PRIVACY IN THE INFORMATION SOCIETY
- MILITARY-ESTATE CODES IN MEDIEVAL JAPAN: ERA OF THE FIRST SHOGUNATES
- MINI-PARLIAMENTS IN THE POST-DICTATORSHIP DEMOCRACIES OF WESTERN EUROPE AND LATIN AMERICA
- LIBERTARIAN PATERNALISM AND ITS INFLUENCE ON THE DEVELOPMENT OF LEGAL INSTITUTIONS IN RUSSIA AND ABROAD
Last modified: 2020-12-16 07:14:20