Russia will have a new specialized court

08.12.2011 In 2012 – 2013 the court system of Russia will be changed. FCL from December 6, 2011 N 4-FCL "About making amendments to the Federal Constitutional Law "About the court system in the Russian Federation" and the Federal Constitutional Law "About arbitration courts in the Russian Federation" in connection with the creation of the Court of intellectual property rights in the arbitration courts system" provides the creation of a new special court - the court of intellectual property rights.
Article 26.1 FCL "About the court system in the Russian Federation" now sounds the following way: "The Court of intellectual property rights is a specialized arbitration court considering within its jurisdiction the cases of disputes relating to the protection of intellectual property rights, as a trial and appellate courts." This state body will consider the cases on the protection of intellectual property rights. According to the innovations the first instance court of intellectual property rights will consider the cases of contestation of normative legal acts of federal executive bodies, affecting the rights and legitimate interests of the applicant in the legal protection of intellectual activity and means of individualization including in the field of patent rights and rights of breeding achievements, etc.; cases of disputes on the provision or termination of legal protection of intellectual property and similar means of individualization of legal persons, goods, works, services and enterprises.
This specialized court should be established in the Russian Federation not later than 1 February 2013. Location of the state body has not yet determined, but experts suggested the desirability of the court place in Skolkovo.

Expert’s opinion

“Russia in the construction of its court system increasingly focuses on Western Europe. Germany, Austria, France for a long period have had a system of specialized courts of different directions. Many of the issues in connection with the creation of a new body must be careful studied: what the requirements will be imposed on judges of a new court of the intellectual property rights in Russia, a practice guided, the specifics of the process".

On the basis: www.garant.ru/hotlaw/federal/366024/

Vorontsova Maria ( the lawyer of international consulting department of Honest&Bright)