Upper house approves IP Court establishment
MOSCOW, November 29 - RAPSI. The Federation Council adopted on Tuesday a law establishing the Intellectual Property Court.
Under the new law drafted by the Supreme Commercial Court, the IP Court should be established no later than February 1, 2013. The law states that all intellectual property cases filed with common law courts before the IP Court launches will be resolved by the court that began the proceedings.
The law defines the IP Court as a specialized commercial court that will consider disputes involving the protection of infringed or contested rights to intellectual property as a first-instance and cassation court.
The new approach implies dividing intellectual property disputes into two groups - cases on rights existence (titleholder establishment) and cases on rights violation.
The new court will also be able to request the Constitutional Court to verify the constitutional compliance of a law applied or to be applied in a case under its consideration.