Litigation of Intellectual Property Rights: Foreign Experience
The article substantiates the necessity of introducing the principle of fairness into civil procedural legislation in order to realize the right to a fair trial. At the same time, the authors make a proposal to abolish the restriction on judges to take all measures provided by law for a comprehensive, complete and objective clarification of the circumstances of the case, the rights and obligations of the parties, not being limited by the materials and explanations presented. According to the authors, these amendments fully harmonize with each other the provisions on fair trial in international and national law. As evidence of the need for such changes, the authors analyze the concepts of correctness and fairness, touch on some historical aspects of the creation of courts.