Negatory Claims and Demands to Suppress Actions Violating Rights or Posing a Threat of Violation of Rights
This article discusses two methods of civil rights protection: negatory action (Article 304 of the Russian Civil Code) and demand to suppress actions violating a right or creating a threat to violate a right (Article 1252 of the Russian Civil Code). The author reviews the current Russian and foreign legislation, legal views of the Russian commercial courts and the Intellectual Property Rights' Court and the legal positions of the US Supreme Court. The methodology determined by the chosen subject's specifics includes certain general scientific methods (analysis, synthesis and comparison). Key findings: while negatory actions specify the provisions of the third paragraph of Article 12 of the Russian Civil Code within the property rights institute, the provisions of the Article 1252 of the Russian Civil Code on the demand to suppress actions violating a right or creating a threat of violation of a right are applicable under the intellectual property rights regime. As applied to intellectual property, the demand to suppress actions is a means of protecting an exclusive right and, therefore, exhibits the features similar to those of a negatory action. In contrast to the negatory action, despite the continuing nature of violations to be suppressed under the Article 1252 of the Russian Civil Code, the Article 208 of the Russian Civil Code does not contain provisions on non-application of terms on limitations in relation to the protection of exclusive rights. Following the above, the author proposes to amend the list of claims excluded from the terms of limitations under the Article 208 of the Russian Civil Code with additional items.