New IP court to be established

Russian Federation
On November 29 2011 the Council of the Federation, following the State Duma (the Russian Parliament), approved two bills establishing an intellectual property court (the so-called 'Patent Court') within the system of the arbitration (ie, commercial) courts.

The Patent Court will deal with two types of cases: disputes over the establishment of IP rights (identification of the rights owner) and IP infringement cases. It will not deal with disputes involving copyright and neighbouring rights.

The first category of disputes includes:
There is no possibility to appeal decisions in the first category of cases. However, it will be possible to file a cassation appeal with the presidium of the new court.

The second category of disputes includes, in particular, trademark and company name cases. The Patent Court will act as a cassation instance and the arbitration (commercial) courts will hear the cases at first and second instance.

The Patent Court is entitled to refer to the Constitution Court of the Russian Federation.

According to the bill prepared by the High Arbitration (Commercial) Court of the Russian Federation, the Patent Court will start operations no later than February 1 2013.
Vladimir Biriulin, Gorodissky & Partners, Moscow

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