A NEW COURT IN RUSSIA
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, the actual practice of law enforcement by Russian state authorities has leſt much to be desired.
IP rights disputes require state authorities, especially court judges, to have both immense legal knowledge and technological and scientific qualifications. Currently many judges in Russia possess a traditional higher legal education and do not have an extensive technical background. Te creation of a specialised IP court within the arbitrazh court will establish a principal group of judges who possess the understanding of the deep nuances and complexities of legal proceedings in IP rights. Te IP court will also include a staff of offsite specialists and experts.
Te main objective of the IP court is to create a uniform court system and legal practice in protecting IP rights and allow courts to become more transparent and predictable in legal disputes, which will significantly improve the quality of services of patent and trademark attorneys and make the Russian IP sphere more stable and attractive to businesses.
Te most complex and economically significant relationship in regard to the protection of IP
rights is between individual entrepreneurs or companies, disputes which are traditionally considered by Russia’s state arbitrazh courts.
IP disputes were previously considered by state courts, especially civil courts and arbitrazh courts. Generally, civil courts handled disputes involving individuals whereas arbitrazh courts dealt with legal disputes between companies and individual entrepreneurs.
Terefore, IP courts will be set up within Russia’s arbitrazh courts and will handle all disputes covering IP rights involving both individuals and companies/individual entrepreneurs.
Te IP court will only consider disputes which affect the interests of businesses or other economic spheres, aside from a few exceptions. All cases can be divided into three categories:
1) Challenges to normative regulations in the field of IP protection.
2) Disputes on the grant, cancellation, or invalidation of the legal protection of IP rights (copyright and related neighbouring rights, and topologies of integrated microcircuits are outside of the scope of the new court’s jurisdiction).
3) Cases on the protection of IP rights from violations, which were arbitrazh courts of
reviewed by the the Russian Federation
at the first or the appellate instance, including disputes arising from contracts on assignment of exclusive rights and licence agreements, as well as cases that bring into account administrative responsibility.
Cases within the first and second category are considered by the IP court in the first and cassation instances, regardless of the participants and the nature of the dispute. Appeals are not envisioned and decisions
come into effect
immediately. Cases which fall into the third category are considered by the IP court only in the cassation instance. Cases in the third category are initially reviewed by the arbitrazh courts.
Cases of administrative violations in the IP field are now in the jurisdiction of arbitrazh courts and will be considered in the first and appeal instances. However, they will be re-evaluated in accordance with the procedure of the cassation instance in the IP court.
Judge criteria
A candidate to be a judge in the IP court must meet the requirements established by law on
60 World Intellectual Property Review Annual 2013
www.worldipreview.com
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