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Legislation

It’s common knowledge that the main sources of right in Russia are legal texts, in other words, legislation.

Intellectual property right is a part of civil law. All civil legislation is controlled by the Russian Federation. Subjects of the Russian Federation are not authorized to pass laws regulating civil relations.

The chain of legal texts, regulating civil rights (including intellectual property objects), according to legal force can be done in the following way:

  • The Constitution of the Russian Federation
  • International treaties
  • Civil code
  • Federal laws
  • Decrees of the President of the Russian Federation
  • Government regulations
  • Legal texts of federal institutions of executive power

Federal constitution laws are usually put above codes, however there are no such laws in the sphere of intellectual property.

When some relations remained unregulated by the rule of law vested customs of business intercourse are used.

When relations are not directly regulated by the legislation or any agreement and there is no custom of business intercourse, in this case, if it doesn’t contravene its essence, the civil legislation, regulating similar relations (analogy of law) is used.

If it’s impossible to use analogy of law, liabilities of contracting parties are determined by general basis and sense of civil legislation (analogy of law), requirements of faith, rationality and fairness.

A court uses the abovementioned sources of law while settling an arisen argument. In other words it gives instructions to a certain person or persons to bring their behavior in accordance with the acknowledged norms of behavior and also applies responsibility measures.

One question still remains controversial, if court rules can be considered as sources of law. Especially when the matter concerns leading cases of superior courts, obligatory for performance as well as acts of the Constitutional court of the RF. The majority of lawyers disagree. At the same time it’s fairly noticed that even leading cases of superior courts and acts of the Constitutional court of the RF don’t contain new legal norms that haven’t existed before. These court acts show true sense of already existed legal norms.

But, undoubtedly, any lawyer should take into consideration judicial practice that is a stable line of court conduct while settling certain matters.