PROBLEMS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN INTELLECTUAL PROPERTY DISPUTES

Abstract

Intellectual property is significant intangible asset, having which gives his owner undeniable advantage on the market. The increase in the number of cross-border transactions with intellectual property objects has led to an increase in the number of disputed in the field of intellectual property complicated by a foreign element. The purpose of this research is to assess the prospects of the recognition and enforcement of a foreign court decision made in a dispute over intellectual property rights. The author pays attention to traditional problems related to the recognition and execution of foreign court decisions, emphasising that these same problems are common for decisions made with respect to intellectual property rights disputes, if those disputes took place in real space. However, the situation is getting worse is the violation of rights occurred in the Internet space. Emphasising that the fundamental prerequisite for the recognition and enforcement of a foreign court decision is the determination of the jurisdiction of the court, the author analyses the approaches developed by WIPO and individual states to determining the appropriate court competent to consider disputes over intellectual property infringement in the Internet space. The article pays special attention to the limits of action of judicial acts handed down in such disputes. As an illustration of the relevance and complexity of problems related to the recognition and execution of foreign court decisions on intellectual property infringement in the Internet space, the article analyses the case Google v. Equustek.