Blog Arbitration Court
Currently, the result of companies’, individual entrepreneurs’ or individuals’ activities can be not only directly tangible assets or services, but also objects of intellectual property. The rights to such objects are called copyrights. By copyright we mean intellectual rights to works of science, literature, art, computer programs and databases. The objects of copyright are books, articles, films, musical works, works of painting, design, photography, etc.
Companies and individual entrepreneurs while carrying out its business activities, inevitably face conflict situations related to violations of its rights. In such circumstances, the most common and effective method of resolving a conflict is to protect violated rights in an arbitration court. According to Russian legislation, disputes involving legal entities, organizations and individual entrepreneurs are resolved by arbitration courts.
Protected Intellectual Property, a closed list of which is given in Article 1225 of the Civil Code of the Russian Federation, include objects of copyright. The objects of copyright are works of science, literature and art: literary, musical, audiovisual works, works of painting, sculpture, design, photography, maps, computer programmes, databases and many others. A detailed list of copyright objects is contained in the Berne Convention for the Protection of Literary and Artistic Works and is also enshrined in Article 1259 of the Civil Code of the Russian Federation and is open-ended.
The results of intellectual activity are objects of exclusive, as well as other rights that are protected by the state. The protected list of such objects includes a wide list of names, including scientific and artistic works, photo and video images, software, databases, television messages, inventions, breeding achievements, developed technologies, trademarks and commercial designations.
Corporate conflicts are various disagreements that arise between the participants, investors, shareholders and managers of an LLC on the basis of restrictions on the rights of certain entities.
Civil procedural legislation gives every citizen the right to take part in court proceedings personally or to use the services of a representative. Any capable person is allowed to act as a representative during the civil process, provided that the powers are duly executed. The arbitration procedural legislation provides identical conditions.
The legislation guarantees every citizen of the Russian Federation the right to participate in the judicial process, this can be done personally or through his representative. This is regulated in detail in the rules of arbitration and civil procedure law.
Often it is almost impossible to protect violated rights without the intervention of law enforcement bodies. That is why the legislators have provided several ways to protect the interests of individuals and organizations, the main of which is applying to court for the protection of their rights.
Generally, the parties – legal entities and individuals – participate in the trial. Citizens have the right to independently represent their interests, and legal entities are represented by the director – “a person who has the right to act without a power of attorney.”
The representation in court is much wider than simply executing assignments on behalf of the plaintiff or defendant. First of all that is a protection of the interests and rights of the client in front of the opponent. The result of the case directly depends on the quality of the presented arguments. The powers of a representative in civil and administrative cases are mostly similar, but each type of legal procedure has its own specifics.
Supreme Court of the Russian Federation (SC RF) – is a judicial body of the highest instance for consideration of cases in any category civil, administrative, criminal and military. The peculiarity is expressed in the fact that the decisions and acts adopted by the Presidium cannot be appealed to any other judicial body, and the dispute that was heard by the panel of judges is not subject to appeal.
Providing growth of country’s GDP mostly falls on shoulders of business community, but, how practice shows, not in all cases government is ready to protect business-subjects, gives guarantee of absence administration barrier in conducting business or shield from unreasonable claims from tax authority, MIA and investigation authorities.