The civil code has dispersed from WTO requirementsAccording to the adviser of the president of the Russian Federation for Veniamin Jakovleva`s legal questions, the main innovation of the project consists in occurrence of the general part of the intellectual property right, allowing to systematise isolated norms. Meanwhile objections were caused not by its occurrence, and the future cancellation of laws in force. The head of the legal company “ Uskov and partners “ Vadim Uskov considers that their cancellation is unjustified, as analogues of codification of intellectual property right in the world are not present. “ Many laws in force have changed for the better two years ago, and courts have developed practice of their application “ - the expert has explained. “ codification will provide stability of the legislation, - Alexander Makovsky is convinced zamrukovoditelja working group on preparation of the project. - Changes, and in the State Duma are constantly made to separate laws always there are two - three projects of the amendments lobbied by the different parties “.
Vadim Uskov, on the contrary, is afraid of such stability. “ in the project there are disputable innovations, for example a right protection of domain names, - mister Uskov explains. - will correct them difficult “. Especially, according to the expert, it is wrong to include the administrative procedures demanding operative corrections in the project. Alexander Makovsky, however, considers that administrative norms in intellectual property sphere (for example, a patent procedure) “ urged to serve exclusive rights, and to allocate them in the separate law it is not meaningful “.
Mister Uskov believes that the project not only does not correct separate lacks of laws in force, but also risks to break the judiciary practice which has developed now. “ Existing practice has developed in the conditions of the inconsistent legislation and was most of all favourable to pirates as did not provide worthy protection of intellectual property “ - the senior lawyer of lawyer bureau " objects; Egorov, Puginsky, Afanasev and partners “ Igor Serebryakov.