On 26 October 2012, the Supreme Commercial Court of the Russian Federation published on its web-site a ruling (the “Ruling”) that clarifies the following issues:
- The jurisdiction of the Intellectual Property Court as a court of first and cassation instances.
- The specifics of hearings conducted by the Intellectual Property Court of cases that deal with awards of compensation for a violation of the right to legal proceedings and/or the right to have a court decision enforced within a reasonable period of time.
- The use of the mechanism for specialised requests.
Under the Ruling, if at least one of the claims falls within the jurisdiction of the Intellectual Property Court, then the entire case should be considered by the Intellectual Property Court. First instance decisions issued by the Intellectual Property Court come into force immediately and may be appealed in a cassation procedure to the Presidium of the same Court.
The cassation appeals on arbitration awards issued by the commercial courts of the constituent entities of the Russian Federation and commercial courts of appeal regarding the protection of intellectual property rights are filed according to the standard procedure set forth by the Russian Commercial Procedure Code. The appeal is considered by a panel of judges.
Motions for awarding compensation are considered by a panel of judges in the Intellectual Property Court and can be appealed in the Court’s Presidium.
The Ruling specifies the Intellectual Property Court’s right to send inquiries to scientists, specialists and others possessing theoretical and practical knowledge at any stage of the case hearing until the decision (decree) is delivered.
The Ruling comes into force from the date the Intellectual Property Court starts its work.
[Ruling No. 60 of the Plenum of the Supreme Commercial Court of the Russian Federation “On Certain Issues Arising in Connection with the Creation of the Intellectual Property Court as Part of the Commercial Court System”, dated 8 October 2012, is available on the Supreme Commercial Court of the Russian Federation website here ]