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Intellectual Property Court In Russia. Michael Van Degna Stefanie Van Degna Magdalena Tarrago. Intellectual property (IP )- creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce . What does this court do?.
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Intellectual Property Court In Russia Michael Van Degna Stefanie Van Degna Magdalena Tarrago
Intellectual property (IP)- creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. What does this court do? • It is the first specialized court in Russia, who will consider defined kinds of disputes which require deep knowledge of Intellectual Property laws and IP specific nature. • The Court will adjudicate the disputes as the court of first instance and the cassational court with the aim to simplify the process of IP cases consideration.
As the court of First instance, the Court will generally deal with disputes connected with challenging decisions of federal executive bodies of the Russian Federation. • Simplified: First instance grants and terminates legal protection of intellectual property. Jurisdiction of the Court • As the court of Cassationalinstance it will consider all claims regarding protection of intellectual property rights. • Simplified: Cassational instance approves or disapproves the legal protection.
The cases are heard by several judges or by the Presidium of the Court. • Decisions of the Court will come into force immediately. Proceedings inthe Court • The Court also caused introduction of new kind of participants to the case – a specialist. • A specialist: a person who has knowledge and competence in the respective sphere of activities. They will advise and give explanations, they are the examiners.
The Intellectual Court System is young, but the Russian legal society expects that the Court will become an effective mechanism to secure protection of IPRs (Intellectual Property Rights). Conclusions • The ultimate goal of the Intellectual Property Court in Russia is to make the level of IPR protection as high as it is provided by developed countries.