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Feb 07, 2012 (Newsletter Issue 2/12)
Russian Federation
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IP Court to Be Established


On November 29, 2011, the Federation Council (upper chamber of the Federal Assembly ‐ Russian parliamentary body) approved the Federal constitutional law forming a court on intellectual property, sometimes refered to as the "patent court".

Under the new law drafted by the Supreme Commercial Court, the patent court should start no later than February 1, 2013. The law defines the court as a specialized commercial court that will consider disputes involving the protection of infringed or contested rights to intellectual property as a first-instance and cassation court. For a time it will be the only patent court in Russia – establishment of the lower courts is yet planned.
Currently all disputes of this sort fall under jurisdiction of the courts of general jurisdiction and the state arbitration courts, depending on the legal status of the litigants. All the cases pending before the courts of general jurisdiction at the time when the patent court begins to work must still be completed in the very same court that initiated the process.

Source: Patentica LLP, Russian Federation