Intellectual Property Court (IPC)

Currently, in accordance with Article 43.4 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation" and Part 4 of Article 34 of the Arbitration Procedure Code of the Russian Federation, the Intellectual Property Court as a court of first instance examines:

  • cases contesting regulatory legal acts of federal executive authorities in the field of patent rights and rights to selection achievements, rights to topologies of integrated circuits, rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises, rights to use results of intellectual activity as part of a single technology;
  • cases contesting acts of federal executive authorities in the field of patent rights and rights to selection achievements, rights to topologies of integrated circuits, rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises, rights to use results of intellectual activity within a single technology, containing explanations of legislation and having normative properties;
  • cases on disputes on granting or termination of legal protection of intellectual activity results and similar means of individualization of legal entities, goods, works, services and enterprises (except objects of copyright and related rights, integrated circuits topologies), including;
  • contesting non-normative legal acts, decisions and actions (omissions) of the federal executive authority for intellectual property, the federal executive authority for breeding achievements and their officials as well as bodies authorized by the Government of the Russian Federation to examine applications for patents for classified inventions;
  • to challenge the decision of the Federal Antimonopoly Authority to recognize the actions related to the acquisition of the exclusive right to the means of individualization of a legal entity, goods, works, services and enterprises as unfair competition;
  • on the establishment of the patentee;
  • on invalidation of the patent for invention, utility model, industrial design or selection achievement, the decision on granting legal protection to a trademark, appellation of origin of goods and the exclusive right to such name, unless the federal law provides another procedure for their invalidation;
  • on early termination of legal protection of a trademark due to its non-use.

The Intellectual Property Court, as a court of cassation instance, has jurisdiction over the following categories of cases:

  • cases considered by it in the first instance;
  • cases on protection of intellectual rights considered by arbitration courts of the subjects of the Russian Federation at first instance, arbitration courts of appeal.

The Intellectual Property Court

  • appeals to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied in the case before it;
  • studies and summarizes judicial practice;
  • prepares proposals for the improvement of laws and other normative legal acts;
  • analyzes court statistics.