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Procedural Characteristics of Jurisdiction by the Court for Intellectual Property Rights

L.A. Novoselova,
Doctor of Legal Sciences, Professor, Chairman of the Court for intellectual property rights


The author analyzes the specific procedure of dispute resolution that was re-established by jurisdictional authority – the Сourt for intellectual property rights. The main task of that Court is to ensure a uniform court practice in the field of protection of intellectual property rights in the business sphere. This object is achieved by the fact that all disputes of this kind, considered in the first instance and appeal courts of arbitration will be reviewed on appeal by the Court for intellectual property rights. Jurisdiction of the Court for intellectual property rights extend to disputes arising from administrative and other public relations (for example, the refusal to grant a patent for an invention, utility model, industrial design, patent for invention, utility model, industrial design, recognizing the application for invention, utility model etc.). Court for intellectual property rights has a special place in the system of «arbitrazh» commercial courts, as is also the court of first instance and appeal. It is noted, for example, that introduction of a new subject of procedural relations – a specialist who gives only verbal advice, do not involve special studies. 

Keywords: Сourt for intellectual property rights; «arbitrazh» (commercial) litigation; jurisdiction.


References 

  Eremenko V.I. O sozdanii v Rossijskoj Federacii Suda po intellektual’nym pravam [On the establishment of the Court of the Russian Federation for cases on intellectual property rights disputes] (in Russian) // Legislation and Economics. 2012. No. 8.

 Information about the author 

  Novoselova L.A. (Moskow) – Doctor of Legal Sciences, Professor, Chairman of the Court for intellectual property rights (105062, Moscow city, Mashkova st., 13, building 1, e-mail: info@ipc.arbitr.ru).

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L.A. Novoselova