Jurisdictional and Non-jurisdictional Forms of Patent Rights Protection: Russian and Foreign Experience

The features of patent disputes determine the variety of mechanisms for their consideration and resolution. A review of the Russian and foreign experiences (Germany, Norway, United States, France, Sweden, Japan) show the applicability of various forms of patent rights protection, including administrative and judicial.

Administrative bodies that protect patent rights generally include divisions of patent offices and other executive authorities.

In the judicial systems of the states under review, special judicial structures function in the nature of courts with general competence to consider civil cases, while specialized courts for the protection of intellectual property rights — including patents — have been created.

The authors conclude that in the modern period, the arbitration and mediation of patent disputes are becoming increasingly widespread, offering a number of advantages, including confidentiality of the case and the necessary level of specialization of arbitrators (mediators). At the same time, however, it is hindered by the lack of uniformity in resolving the issue of the arbitrability of patent disputes.