Created in accordance with federal constitutional law at the end of 2011, the Intellectual Property Court (hereafter referred to as the “Court”) within its jurisdiction, will be resolving disputes connected with intellectual property rights. The Court will act as both the Court of First Instance and the Court of Cassation.
According to the Resolution of the Plenum of the Supreme Arbitrazh Court of the Russian Federation “On the Beginning of Court Activity,” the Court began operating 3 July 2013. Since this date the Court has been responsible for considering claims and cassation appeals. Information about them can be accessed through the service “Arbitrazh Case File” on the website of the Supreme Arbitrazh Court (www.arbitr.ru).
Implications for companies
Since the Court’s activity commenced, claims and cassation appeals filed by companies that fall within the exclusive competence of the Court will be considered exclusively by the Court.
Statements of claim and cassation appeals taken to adjudication by other arbitrazh courts before the Court's activity commenced will remain under the competence of these courts.
What the Law says
- As the Court of First Instance, the Court resolves disputes involving challenges of acts of federal state authorities in the IP area as well as various disputes related to granting or terminating IP objects’ legal protection, including the decisions of the federal antimonopoly authority on recognizing unfair competition actions related to the acquisition of the exclusive rights to the means of individualization of legal entities, goods, works, services and businesses;
- Within the capacity of the Court of Cassation, the Court considers cases it had previously resolved as a Court of First Instance as well as cases related to protection of IP resolved by other arbitrazh courts across the country;
- The court is authorized to resolve all disputes mentioned in federal legislation regardless of the parties involved in the case;
- Judicial decisions passed on by the Court as the Court of First Instance can not be appealed, other than by way of cassation appeal, and come into force immediately after adoption;
- The Court resolves collegially IP disputes in first instance and in cassation, while the Presidium of the Court will dissolve cassation appeals in cases, considered by the Court in first instance.
Actions to consider
Since the launch of the Court’s activity all statements of claim filed by companies that fall within the exclusive competence of the Court should be submitted directly to the Court.
If a company files a claim, which should be considered only by the Court, with another arbitrazh court, such statement will be returned to the applicant.
If a company submits a cassation appeal against judicial acts of the Court of First Instance or the Court of Appeals passed before the beginning of the Court’s activity, the revision of these acts will be carried out by the Court.