IP LEGISLATION NEWS

Court on IP rights (Patent Court) in Russia
On November 29, 2011 the Counsel of the Federation following the State Duma (Parliament) approved the Bills on establishing a Court on IP rights within a system of Arbitration (Commercial) courts in Russia (so called, Patent Court). Patent Court will deal with two groups of disputes: existence of right (identification of right owner) and infringement of rights. It will not deal with copyright and neighboring rights.
The first group of disputes comprises oppositions to Office Action of the Russian PTO, Decisions of antimonopoly bodies (unfair competition) etc. Appealing instance is not provided, but cassations will be considered by presidium of the new Court.
The second group of disputes concerns, in particular, trademark and firm’s name issues. The Patent Court will be a cassation instance and the acting arbitration (commercial) courts will remain the courts of the first and second (appealing) instances.
The Patent Court is entitled to address to the Constitution Court of the Russian Federation within its competence.
According to the Bill prepared by the High Arbitration (Commercial) Court of the Russian Federation the Patent Court will start acting not later than February 1, 2013.

Russian Patent Office Restructured
Within the framework of optimization of the structure of the government bodies the Russian Patent Office official name has been renamed from “Federal Service for Intellectual Property, Patents and Trademarks” to “Federal Service for Intellectual Property”. This renaming has not been however purely formal. The Patent Office was previously subordinated to the Ministry of Education and Science. Now it goes into direct subordination of the Russian Government. Under the old structure the Patent Office issued regulations concerning various aspects of intellectual property but those regulations had to be approved by the Ministry of Education and Science. Now the Patent Office will be competent to issue relevant directives on its own behalf.
Also, the Patent Office assumes responsibility from the Ministry of Justice for the legal protection of R&D works in the field of military, special and dual purpose technologies.
The restructuring is aimed at making the system of protection and disposal of intellectual property in Russia more efficient and comprehensive.

On the Russian Patent Сourt
Anton Ivanov, Chairman of the High Arbitration (Commercial) court of the Russian Federation, on November 25, 2009, in his interview to “Garant” (the Russian Information Agency) said that the Russian High Commercial court drafted a bill “Amendments to Federal Constitution Laws" - ‘On judicial system of the Russian Federation’ and ‘On arbitration courts of the Russian Federation’” which concerns creation within arbitration system a specialized Patent court to hear IP disputes.

Proposed amendments to the Russian Civil Code
On August 25, 2009, the Russian Government Presented to the State Duma (Russian Parliament) Bill No.248307-5 suggested that Article 1490(2) of the Russian Civil Code be invalid and the rules of state registration of agreements relating to IP issues should be provided by the Government of the Russian Federation only. At present there are two bodies providing these rules, namely the Russian Government and the Russian Ministry of education and science.

New Official Patent and Trademark Fees
The Government of the Russian Federation adopted a new “Statute on fees for legal actions relating to patent of invention, utility model, design, registration of trade mark, service mark, appellation of origin” (No.941).
The new Official Fees have taken into account the amendments introduced by Part IV of the Civil Code of the Russian Federation (from January 1, 2008). All the fees are established in rubles.
The new Official Fees will be effective from December 30, 2008.

Russian Federation joined WCT and WPPT
Russian Federation joined WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) adopted in Geneva on December 20, 1996. Said Treaties will come into effect in regard of the Russian Federation on February 5, 2009.

Print