Legal regulation of judicial protection of intellectual property rights in the member States of the Eurasian Economic Union

In this work, the foundations of the legislative principles of building national legislation in the field of judicial protection of intellectual property rights of the EAEU member states were established. The EAEU provides for such a body of interaction and control over the execution of international acts of the Union as the EAEU Court. It can be said that he creates the primary practice of dispute resolution, identifies legislative gaps, and also represents the interests of the international community over national interests. Such a policy has a beneficial effect on the modernization of the EAEU legislation in the field of intellectual property, since this area of law is relatively young and is still gaining legal regulation of emerging legal relations. The judicial systems of the EAEU member States strive for unity and uniformity by creating a single judicial branch, as well as defining specialized courts based on courts of general jurisdiction. On the one hand, such a policy is understandable, the uniformity of courts leads to uniformity in the application of legislation in the field of intellectual property rights, on the other hand, it creates a more transparent and readable judicial system. In some participating countries, separate boards for the protection of intellectual property rights are being established, in some countries specialized independent courts are still being traced, but for the most part the judicial system is aimed at protecting intellectual property rights on an equal basis with other civil rights. The authors of this work have revealed that the EAEU strives to create a single legal space in the field of intellectual property rights protection, while not forgetting about national peculiarities and distinctive features. International legislation calls on the participating countries to comply with and follow trends in their national legislation to the norms of international law. Thus, the authors of this work can say that the legal basis for judicial protection of intellectual property rights is precisely international acts. At the same time, the EAEU uses and improves not only at the union level, but also uses existing international experience. The authors declare no conflicts of interests.

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