In the 80s of the last century, there were almost no issues about the monetary valuation of intellectual property, since it was owned by the state. However, over the last decades, the attitudes have often changed. In the 1990s, during the social and economic transformations, the points of view toward this type of property changed, resulting in consideration of the concept of creating the Intellectual Property Court. However, the Law "On the Patent Court of the USSR" was never adopted for a number of reasons.
Since then, the Russian Federation has repeatedly attempted to establish a special judicial instance. At a certain point, it was decided to refer the disputes on intellectual property protection for consideration of the Supreme Patent Chamber, and later a part of its powers was transferred to Rospatent structures. An independent body — the Intellectual Property Court — was established recently on the basis of Federal Constitutional Law No. 4-FKZ dated 06.12.2011. However, only in 2013 this government body started the functioning.
The court considers the disputes in the field of intellectual property as the court of both first and cassation instance. In its practice, IPC often faces the need to fill in the gaps in the Russian legislation.
According to Article 43.4 of Law No. 4-FKZ "On Arbitration Courts in the Russian Federation", the court considers:
1. As a court of the first instance:
- cases involving the contesting of normative legal acts of the federal executive authorities affecting the rights and legitimate interests of an applicant in the field of legal protection of intellectual property items and means of identification, including in the field of patent rights and rights in selection inventions, rights in integrated circuit topography, rights in manufacturing secrets (know-how), rights in means of identification of legal entities, goods, works, services and enterprises, rights to use the intellectual property items as part of a single technology;
- cases involving the disputes on granting or termination of legal protection of the intellectual property items and equivalent means of identification of legal entities, goods, works, services and enterprises (except for the items of copyright and related rights, integrated circuit topography).
2. As a court of the cassation instance:
- the cases considered in the first instance;
- cases involving the protection of intellectual property rights considered by the first instance arbitration courts of the constituent entities of the Russian Federation, arbitration courts of appeal.
For more information about the court competence, see the text of the Federal Constitutional Law.
To study a number of issues arising during the consideration of certain cases, a team of qualified advisers is formed within the court's office. It is not also unusual when an expert is involved in the arbitration process to provide independent assistance to judges for investigation of certain circumstances of the case.
The court judgment comes into effect immediately after the adoption. It may be appealed by the defeated party in the Presidium of the court within 2 months after the adoption. The rulings of the cassation instance may be appealed in the supervisory authorities.
Principles of our operations
The experts of Patentus have long-term experience and knowledge necessary to represent the company's clients in a special intellectual property court. Even before the establishment of this instance, we successfully defended the rights of our clients in their intellectual property in other bodies, including in extremely complicated and controversial disputes.
Our activity is based on three main principles:
1. We thoroughly analyze the situation, study all aspects of the case in detail and foresee possible scenarios for the process development, helping our clients to assess their chances for success in court.
2. Not only the Legal Department of our company, but also other experts (patent attorneys, economists, experts in the field of intellectual property, etc.) participate In the process of creating a strategy for protecting the rights of our clients and preparing for legal proceedings.
3. We prepare all necessary documents, which can contribute to the successful settlement of the dispute for our client, for example, we make expert opinions on the existence or absence of violation of the rights of our client, etc.
How to know the cost of our services?
To get a free of charge advice and to calculate the preliminary amount, call our office by phone: +7 (495) 514-05-94 (Moscow) or 8 800 100-82-47 (toll free for Russia).
4 reasons to apply to us
1. Professional competence
We are in TOP 20 of patent offices in Russia (PRAVO.Ru-300 Rating). Our staff consists of lawyers, patent attorneys and experts loving their work and having deep knowledge and many years of experience in the field of intellectual property protection. We do not stand still and constantly improve the skills of our experts, enabling to help clients at the highest professional level.
2. Transparent pricing
The cost of services presented on the website is final and cannot be changed without your consent.
3. Extensive judicial experience
We represent individuals and legal entities. Our lawyers have more than 400 successful cases on intellectual property protection. We are ready to take even the most complicated disputes and do everything possible to achieve the success.
4. Remote operations
High technologies make us possible to render the services to our clients remotely, from all regions of Russia. Great part of the hearings are held in Moscow.
Why should it be us?
1) PATENTUS is the leader of the Russian Federation in the number of intellectual property disputes handled with involvement of our lawyers and patent attorneys in the Intellectual Property Court and the Chamber for Patent Disputes.
2) We are in TOP-20 rating "Intellectual Property - Pravo.Ru 300" (2013-2019)
3) Our patent experts have considerable experience in representing the Russian clients both in Rospatent, the Eurasian Office, and in foreign countries.
4) Among PATENTUS clients are those listed in the FORTUNE 500 list.
5) Professional liability of our experts is insured for the amount of 5 000 000 rubles.