The Court of Intellectual Rights is part of the commercial arbitration court system and will examine particular categories of disputes related to protection of IP rights as a first instance and cassation court. Ms. Lyudmila Aleksandrovna Novosyolova has been appointed to the position of the Court’s president.

The legal grounds for the Court’s operation are the following:

• Federal Constitutional Law No.4-FKZ “On amending the Federal Constitutional Law ‘On the Russian Federation court system’ and Federal Constitutional Law ‘On commercial arbitration courts in the Russian Federation’ due to creating the Court of Intellectual Rights in the commercial arbitration court system” dated 06.12.2011;

• Federal Law No.422-FZ “On amending certain legislative acts of the Russian Federation due to creating the Court of Intellectual Rights in the commercial arbitration court system” dated 08.12.2011.

As a first instance court, the Court will consider cases:

• on challenging regulatory legal acts adopted by federal executive bodies affecting the applicant’s rights and legitimate interests with regard to legal protection of intellectual property;

• on challenging the legal protection being provided or terminated for intellectual property items (except for copyright items and items of associated rights and integrated circuit layouts).  

As a cassation court, the Court will consider cases having been examined by it while acting as a first instance court, as well as cases on intellectual rights protection having been examined by commercial arbitration appeals courts.

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Anna Shmalyuk, St. Petersburg Office of Capital Legal Services.

This Information letter keeps the clients of the Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this Information letter shall not be deemed as legal opinions.