About patent courts in the Russian Federation

[Частный детектив Нижний Новгород]

A year ago, the Supreme Arbitration Court of the Russian Federation issued its proposal on the creation of a “patent court” and introduced two bills to the State Duma - No. 446365-5 “On Amending the Federal Constitutional Laws“ On the Judicial System of the Russian Federation ”and“ On Arbitration Courts in the Russian Federation ”in connection with the creation of in the system of arbitration courts of the Intellectual Property Rights Court "and No. 446381-5" On Amending Certain Legislative Acts of the Russian Federation in Connection with the Creation of an Intellectual Property Rights Court in the Arbitration Court System. The texts of the bills can be found in the PCA "Pravo.Ru" here and here, respectively.

The essence of the short stories boils down to the creation of a specialized court on intellectual rights in the system of arbitration courts, which will deal with two types of disputes: cases of the existence of law (establishing the right holder) and cases of violation of the right. For cases of the first group, in particular, to challenge the decisions of Rospatent, the Patent Court will be the court of first instance, no appeal is provided, the cassation appeals will be considered by the presidium of the new court. For cases of the second group, in particular, trademark disputes, the Intellectual Property Rights Court should become a cassation instance; in the first and second instances, the proceedings will go to ordinary arbitration courts. At the same time, it was planned that the new court would not deal with copyright and related rights proceedings, which are currently being considered in courts of general jurisdiction. It was proposed to open the Intellectual Property Court on January 1, 2012.

Presenting the bills to the deputies today, the head of the Supreme Arbitration Court of the Russian Federation, Anton Ivanov, first of all recalled that with the introduction of new regulation in copyright and patent law in Russia in the 1990s, it was supposed to create a special judicial body that would deal with patent disputes on a professional basis. He then named three reasons that prompted the EAC to propose the creation of a specialized court in the arbitration system, rather than highlight specialized judicial boards.

The first was the load on the judges. “Recently, the load on judges in the Moscow Arbitration Court has been 109 cases per month. Under these conditions, the specialization of individual judges in the relevant categories of cases will either fail or lead to inequality between the judges,” Ivanov noted.

The second thing that the President of the Supreme Arbitration Court referred to was the features of the proposed procedure for the consideration of cases in the Intellectual Property Rights Court, in particular, the special role of experts (according to the proposal of the Supreme Arbitration Court, a group of advisers with qualifications in the specialization of the court will be formed in the new court). “You can’t do without it. For the existence of such a court, you must have specialists in the field of technology who would evaluate certain technical solutions, without which it would be impossible to resolve a dispute about the right, for example, to a technical solution. This involves the creation of a special structure "- said Ivanov.

The third reason was to ensure the unity of judicial practice in intellectual property disputes throughout the country. “For this, the [Patent] court considers as a second instance all disputes on intellectual rights. It is simply impossible to collect these disputes within the framework of the current structure in one court in Moscow,” the head of the Supreme Arbitration Court said.

He also assured the deputies that he was not going to "keep the judges unloaded there [in a specialized court] and reminded that for two years he had" removed the number of judges "from those courts where the load is low and redistributes it to the courts with a high." Therefore, lounging nobody will be there, ”he assured.

Ivanov did not answer the direct question of the parliamentarians about the cost of creating the Patent Court. “I think that the creation of such a court, the number of which is less than one percent of the size of all our courts, will not significantly affect budget issues,” he said, noting that the money was included in the target program “Development of the Russian judicial system,” which the Finance Ministry agreed. Earlier it was reported that 474.4 million rubles would be spent on the creation of the Patent Court in 2011, and 412.8 million rubles each in 2012 and 2013. According to Ivanov, 30 judges and 80-90 staff will work in the Patent Court.

It is worth noting that government representatives at a meeting of the State Duma did not make a report and they did not have questions for Anton Ivanov. Meanwhile, earlier in the summer, the Cabinet of Ministers gave negative reviews on bills on the creation of the Intellectual Property Court (Pravo.Ru described in detail the comments on the bills), which provoked indignation among President Dmitry Medvedev, who even threatened to submit a corresponding document on the creation of the Patent court in person.

As a result, they were adopted in the first reading almost unanimously - 434 and 437 deputies out of four hundred and fifty list members voted for them.

Yurklub - virtual club of lawyers (yurclub.ru), 10.24.2018

 

[НСК-СБ]

Obviously, these courts are already needed, and Patent Law is a very specific type of legal procedure!

 

[Частный детектив. Тайный советник. Омск.]

Well, why not. A very necessary court, because Patent Law is gaining momentum more and more.
Vladimir, thanks for the article !!!