In June, the Agricultural Cooperative "Balkhash"

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Uploaded: 07.12.2009
Content: 8509.zip (16,75 kB)

Description

Examination of the Civil Law (2009)

Objective 1

In June, the Agricultural Cooperative "Balkhash" signed a contract with the Commission wholesale and procurement base on sale of apricots outside the area. In the stipulated term cooperative brought to the base 7 tons of fruit, of which the sale price was 40 rubles. per kilogram.
Apricots handed to the commission several retail stores of the city. Most of them sold at specified price, and the rest - on the decline - 30-35 rubles. per kilogram.
The cooperative has decided that the base had no right to enter into contracts for sale subcommission apricots in the region,
as well as taking on a commission basis for the realization of the fruit from other counterparties. In addition, he considered unjustified devaluation of fruits and demanded that the base and stores all payments due to the amount of the contract, since, in his opinion, the change in price shops have been previously agreed with him (cooperative).
Representatives of the database and stores claimed that in the summer months comes glut in the market, so prices lower for the early realization of the fruit. In addition, some stores no special storage, and they sought to avoid damage to apricots.
Cooperative with the above arguments disagreed, noting that the agreement concluded with the base just because she has all the necessary conditions for the storage of perishable products, and sued the base and six shops.
Analyze the arguments of the parties and decide the case.

Task 2

Zemer Kosolapov and received a patent for the invention "Device for air conditioning in the cabins of mining machines", which soon became used of "ore-dressing factory." On hearing this, they turned to the JSC with the requirement to pay them compensation for the two years of use of the invention, based on 10% of the savings.
JSC "ore-dressing factory" replied that it is not obliged to pay compensation, as the savings generated by the invention does not have it, and they have produced consumer devices. In addition, the selection of the Russian Federation "ore-dressing factory" budget for such purposes is not provided.
A few years later an individual entrepreneur Lemeshev, who wished to use a patented product with the release of their products, but was denied a licensing agreement, appealed to the Federal Service for Intellectual Property, Patents and Trademarks to grant him a non-exclusive license.
Analyze the situation and decide the case. How is the remuneration for the invention, and the order in which it is paid?

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