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Patent Court May Soon Be Established In Russia


The Chairman of the Supreme Arbitration Court (SAC), Anton Ivanov, announced plans to create a patent court in the near future to hear cases involving intellectual property law. The SAC has already prepared the framework for the court, as directed by Russian President Dmitry Medvedev. The SAC explained that the court was necessary for “unifying and improving the way in which legal disputes are resolved.”

The patent court will only review cases involving the Federal Service for Intellectual Property, Patents and Trademarks and the Ministry of Agriculture.

“The patent court will be created within an arbitration court of first instance. It will not, in all likelihood, have the higher authority to hear appeals. Cassation and, in extraordinary cases, reviews will be available under the Moscow District Court in which the patent court is located,” Ivanov said.

According to Ivanov, the patent court’s main innovation will be to incorporate “arbitration assessors” – specialists in the areas of technology – to the court cases who will be able to impart expert opinion to specific cases. “The idea is not that all cases involving intellectual property will pass through this court. That would be impossible since there are such a large number of such cases. The idea would be that this court would examine the more technical disputes,” Ivanov explained.

Currently, arbitration courts are hearing intellectual property cases involving companies and private entrepreneurs, while civil suits are being reviewed by courts of general jurisdiction. Civil suits are planning to be left to the courts of general jurisdiction. The patent court and its two affiliate courts would be located in Moscow or in Zelenograd, a city about 23 miles northwest of the Moscow city center.

There are specialized courts for intellectual property cases in Great Britain, India, Turkey, Japan, and Germany. The SAC is planning specifically to look at Germany’s model as a basis for the new court.

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