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News-Archiv, Russland

Court on Intellectual Property Rights in the Russian Federation

Establishment of the IP Court

On the 7th of December 2011 the Federal Constitutional Law “On introducing amendments into the Federal Constitutional Law on the Judicial System of the Russian Federation and Federal Constitutional Law “On Arbitration Courts of the Russian Federation” due to the establishment of the Court on Intellectual Property Rights (further IP Court), in the Judicial System of the Russian Federation came into force.

Based on said Law the IP Court should start functioning not later than February 1, 2013.  The Court will be a Specialised Arbitration Court which will consider cases on disputes in the field of intellectual property rights, (further IP rights), as a Court of first instance and as a Court of cassation instance.

The IP Court will in particular handle the following cases:

I. Appeals against legal regulations of the Russian Patent Office related to intellectual property rights.

II. Disputes concerning the registration or cancellation of intellectual property rights (except copyrights and neighbouring rights) including:

  • appeals against the decisions, actions or a failure to act of the Russian Patent Office;
  • appeals against decisions of the Federal Antimonopoly Service on recognition of actions concerning the acquisition of exclusive rights of means of individualisation of legal entities, goods, works, services and enterprises as acts of unfair competition;
  • establishment of the patent owner;
  • declaration of invalidity of a patent on invention, utility model, industrial design, unless other proceedings of consideration of invalidity are stipulated by the Federal Law;
  • cancellation of a trademark due to non-use.

The IP Court will exclusively consider the above listed cases regardless whether the parties involved in a dispute are legal entities, individual entrepreneurs or natural persons.

As a Court of cassation instance the Presidium of the IP Court will handle cases considered by the Board of IP Court in the first instance and cases concerning the protection of intellectual property rights (i.e. infringement cases), which were considered by the Arbitration Courts of the Subjects of the Russian Federation in the first instance and by Arbitration Appeal Courts. The ruling of the IP Court made in the cassation instance can be appealed to the Supreme Arbitration Court.

Amendments to the Laws due to the establishment of the IP Court

By the Law of December 8, 2011 No. 422- FZ "On introducing amendments into the Laws of the Russian Federation due to the establishment of the IP Court in the system of Arbitration Courts" (further the Law) amendments were introduced in particular into the Arbitration Procedural Code of the Russian Federation and the Civil Code of the Russian Federation.

The Arbitration Procedural Code was in particular amended as follows: Disputes concerning the protection of intellectual rights, wherein organisations collectively managing copyrights and neighbouring rights participate, are referred to the jurisdiction of Arbitration Courts. In the Arbitration Procedural Code provisions on the establishment of the IP Court and rules and the procedure of appeal of its decisions were included. Furthermore, provisions introducing a new participant in the proceedings - the Specialist - were included. The Specialist is a person who has the necessary knowledge in a special field and gives consultations concerning questions relating to a specific case. The consultants of the IP Court, which have a qualification corresponding to the specific field of the Court, can be brought to the proceedings as specialists. The Specialist should provide assistance to the Court by giving an oral consultation.

Article 1486 of the Civil Code was amended. After December 8, 2011 but prior to February 1, 2013 trademark cancellation actions based on non-use have to be filed to the Arbitration Court of the City of Moscow and not to the Chamber of Patent Disputes as it was before.

Non-use cancellation actions which were filed to the Chamber of Patent Disputes prior to December 8, 2011 are considered by the Chamber of Patent Disputes.

Nicolai von Füner, Partner
Ekaterina Kazankova, LL.M., Russian Attorney