Russian IP Court Opens its Doors on July 3
Following July 2 resolutions of the Plenum of the Supreme Commercial Court of the Russian Federation (No. 50 and 51) and upon the appointment of 15 judges, the new Russian Intellectual Property Court (IP Court) officially opened its doors and started hearing cases.
According to the Federal Constitutional Law adopted in 2011, which amended the court system in the country, the IP Court is a specialized court within the system of arbitrazh (commercial) courts that considers IP cases as a court of first instance and cassation instance.
Thus, as of July 3, the arbitrazh courts cannot accept for consideration the lawsuits falling under the exclusive competence of the IP Court; such lawsuits will be returned to applicants or, in case they were mistakenly accepted, transferred to the IP Court.
The lawsuits containing a few different but related requirements will be heard in the IP Court if at least one of those requirements falls within the jurisdiction of the IP Court.
The IP Court will act as a court of first instance reviewing the Russia’s Federal Service for Intellectual Property (ROSPATENT) decisions, including patent and trademark registration issues and revocation actions, after the cases are considered by the Chamber for Patent Disputes. The IP Court will also consider the non-use cancellation actions, revise the decisions of Russia’s Federal Antimonopoly Service (FAS) on unfair competition due to IP rights transferring and deal with other similar cases.
All cases will be heard by the panel of judges. Such decisions can be appealed only within the cassation proceedings and the body considering such cassation appeals is the Presidium of the IP Court.
In case the trademark and commercial name disputes fall within the jurisdiction of the arbitrazh (commercial) courts, the cassation claim (second appeal) should be filed with the IP Court. Such claim will be heard by the panel of judges and not by the Presidium of the IP Court.
The IP Court is located in the center of Moscow at 13 Mashkova Street.
By: Tetiana Shulga
For more information, please contact Tetiana Shulga at our Ukraine office.
July 2013 News
- Amendments to Hungarian Trademark Law Explained
- Russia’s New Anti-Piracy Law to Enter into Force August 1
- Russian IP Court Opens its Doors on July 3
- Kyrgyzstan to Complete Road Map for Joining Customs Union
- Belarus PTO Appoints New Acting Director
- Armenia Accedes to Patent Law Treaty and Singapore Treaty on the Law of Trademarks
- New Law on Topographies of Semiconductor Products Enters into Force in Serbia
- OHIM Grants Anheuser-Busch ‘Bud’ CTM
- Six New Languages Added to EPO Patent Translate
- Belarus, Moldova, Poland, Romania, Turkey, Ukraine Take Part in INTERPOL-Led Anti-Counterfeiting Operation
- Slovak IPO Introduces Electronic Filing of Trademark Applications
- WIPO and Bulgaria Create Teaching IP Portal
- Polish Customs Seize 1.5 Million Counterfeit Condoms
- Fake Adidas Apparel Seized and Destroyed in Ukraine
- Romanian Customs Seize Counterfeit Toys, Bags, Car Locks
- Bulgarian Customs Seize Counterfeit Apparel, Mobile Phone Accessories, Perfumes