Intellectual Rights in Russia: The Problem of analogy of property rights and the introduction of Subjective Good Faith.

Abstract

The refusal to take into account subjective good faith in the formation of legal regimes is defined by the authors as possible, concluding that in the absence of a direct establishment of a law on accounting for subjective good faith as an element of the legal regime of an exclusive right, a law enforcer uses normative “surrogates” to achieve results comparable to the use of subjective good faith. Then, the presence of sufficient tools to ensure the proper functioning of subjective good faith in the legal regime of exclusive rights, the authors make a judgment about the inevitability of such an event with the definition of the analogy of the law or the analogy of law as the permissible means of such an event.