A NEW COURT IN RUSSIA
the status of judges. A judge in the specialised arbitrazh court may be a Russian citizen over the age of 30 and with professional legal experience of at least seven years. In order for the IP court to start operating, at least 15 of the 30 judges must be appointed.
Even though the judges will have special
knowledge in the field of IP, such knowledge does not exclude the possibility of their needing to consult offsite specialists and advisers in various IP spheres, who have all the necessary qualifications and can be considered expert in the relevant fields.
Offsite specialists and experts are a new feature in the process of the arbitrazh court. A specialist’s testimony is considered as evidence and distinctive from expert opinion. Unlike the latter, court specialists are independent and provide oral advice and consultations without conducting prior extensive research and investigation into the matter of the case. It is not necessary for the arbitrazh court to suspend legal proceedings in order to consult with a specialist in the court. Specialists may also be requested to provide their expertise for any arbitrazh court.
Te IP court will be located in the centre of Moscow. Tere is no plan to create regional specialised courts. Cases that relate to the protection of IP rights (other than those dealt with by the IP court at first instance) as well as appeal proceedings, are considered by the regional arbitrazh courts. All the cassation reviews will be considered by the IP court. Te Supreme Arbitrazh Court of the Russian Federation will be responsible for the IP court.
Te IP court is expected to commence operations soon—according to the latest information, the IP court will start operating no earlier than May 2013. Tere are several categories of legal proceedings that are currently in the arbitrazh courts, the Civil Court, or in the Chamber of Patent Disputes that can be considered in the IP court on the basis of the stipulations outlined in the law. Bearing this in mind, rights holders, specialists, and practitioners in the IP sphere should consider creating a legal strategy to use the new legal opportunities of the IP court.
Elena Solovyova is a senior partner and trademark attorney at ARS Patent & Trademark. She can be contacted at:
solovyova@ars-patent.com
Elena Solovyova is a trademark attorney based in St Petersburg. She is admitted to practise before the Russian Patent and Trademark Office. As a head of the trademark group at ARS Patent & Trademark, her practise focuses on all stages of trademark prosecution as well as on litigation in IP, including unfair competition.
www.worldipreview.com
World Intellectual Property Review Annual 2013
61
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144 |
Page 145 |
Page 146 |
Page 147 |
Page 148 |
Page 149 |
Page 150 |
Page 151 |
Page 152 |
Page 153 |
Page 154 |
Page 155 |
Page 156 |
Page 157 |
Page 158 |
Page 159 |
Page 160 |
Page 161 |
Page 162 |
Page 163 |
Page 164 |
Page 165 |
Page 166 |
Page 167 |
Page 168