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On the Role of the Court of Justice of the European Union in the Interpretation of Contracts Related to the Protection of Intellectual Property Rights
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On the Role of the Court of Justice of the European Union in the Interpretation of Contracts Related to the Protection of Intellectual Property Rights
Abstract
PII
S1991-32220000622-3-1
DOI
10.12737/jzsp.2023.030
Publication type
Article
Status
Published
Authors
Nikita Vorobuev 
ORCID: 0000-0002-8785-920X
Occupation: Junior Researcher
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 19 No. 2
Pages
144-149
Abstract

The significance of the interpretation by the Court of the European Union of treaties related to the protection of intellectual property rights is investigated. The relevance of the work is due to the need to find modern solutions to prevent the obsolescence of international mechanisms and norms related to the implementation and protection of intellectual rights, as a result of the emergence of advanced technological developments, new forms of use of protected objects of exclusive rights, as well as the evolution of public demand in general. These circumstances significantly increase the need for the fastest response from the subjects of international law in order to make appropriate changes to international acts. At the same time, the issue of the competence of international judicial institutions in the context of adjusting the norms of international law in relation to the surrounding reality has recently become acute.

The article aims to identify and define the essence of the mechanism of a preliminary request on issues related to the protection of intellectual property rights to the Court of the European Union, as well as the risks and opportunities associated with its implementation.

The general characteristics of intellectual property rights protection instruments in the activities of such global organizations as the World Intellectual Property Organization and the World Trade Organization, the distinctive features of the mechanism of a preliminary inquiry in the EU Court of Justice are investigated. Attention is drawn to the peculiarity of the boundaries of activism of the Court. The conclusion is formulated about the need to codify individual decisions of the European Union in order to exclude situations of creating insufficient certainty in law with differences in the consideration and argumentation of cases on related issues, as well as the expediency of using the practice of the EU Court of Justice in the activities of the Court of the Eurasian Economic Union.

Keywords
EU Court of Justice, European Union, World Intellectual Property Organization, TRIPS, intellectual property rights, European Court of Human Adjustment, evolutionary interpretation
Date of publication
17.05.2023
Number of purchasers
12
Views
143
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References



Additional sources and materials

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8.	Tikhonovetskiy D. S. Functions and powers of the Eu court, its role in the institutional structure of the European communities. Moskovskiy zhurnal mezhdunarodnogo prava, 2003, no. 2, pp. 206—227. (In Russ.)
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