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Tatiana Lvova, a lawyer at the Law Firm “YUST”, has won the fourth all-Russian youth competition of educational institutions and scientific organizations for the best paper ”My Legislative Initiative” arranged by the State Duma of the Federal Assembly of

29.05.2009

Tatiana Lvova, a lawyer at the Law Firm “YUST”, submitted the paper on the subject: “Updating Legislation on Intellectual Property”. The review findings, review of the existing legislation and the existing judicial practice, made it possible for the author to develop and offer two draft amendments to Part Four of the Civil Code of the Russian Federation:

- draft amendments on the liability of the intellectual property federal authority of the executive power, its officials and other officers in discharging their official functions so that to meet the provision stipulated in Article 53 of the Constitution of the Russian Federation (everybody is entitled to the reimbursement by the state of harm done either by unlawful actions (or omissions) of the state authorities, or their officials); and

- a draft regulatory model of paragraph 1, clause 5 of Article 1234 of the Civil Code of the Russian Federation that promotes the additional legislative regulation of the agreement on the alienation of the exclusive right.

The draft amendments presented by the author can be used in the rule-making by the relevant committee of the State Duma, as well as by the subjects with the right of legislative initiative.

The author of the draft amendments considers that the incorporation of rules on Rospatent’s liability would enhance the degree of confidence of business community in the state and institutions guaranteed by the state, and that the amendments proposed in the second draft (for Part Four of the Civil Code of the Russian Federation) will result in uniformity of interpretation and application of paragraph 1, clause 5 of Article 1234 of the Civil Code of the Russian Federation.

On the competition’s results, Tatiana Lvova was decorated a mark of distinction “Deputies’ Reserve”.


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