Specialized IP courts in Russia Flashcards

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1
Q

Are there any specialized IP courts in Russia?

A

Yes, the IP Court is the first IP-dedicated civil judicial body in Russia. It became operational on 3 July 2013. It has exclusive jurisdiction to consider disputes involving IP rights and it acts both as the court of first instance and the court of cassation.
As the court of first instance, the IP Court resolves disputes involving challenges of acts of the federal state authorities in the IP area, as well as various disputes related to the grant or termination of the legal protection of IP, including decisions of the federal antimonopoly authority recognizing actions related to the acquisition and use of exclusive rights for the means of individualization of legal entities, goods, works, services and businesses as unfair competition.
Within its capacity as the court of cassation, the IP Court considers cases it had previously resolved as a court of first instance, as well as cases related to the protection of IP resolved by other arbitrazh courts across the country.
The court is authorized to resolve all disputes mentioned in federal legislation regardless of the parties involved in the case.
Decisions passed by the IP Court as the court of first instance cannot be appealed other than by way of cassation appeal with the presidium of the same court, and come into force immediately after adoption. The judgment of the Presidium of the IP Court can then be appealed with the Supreme Court. In practice, the Supreme Court only considers approximately from three to five percent of the cases filed, which are generally of great significance to the Russian legal system or court practice, or, for instance, where judgments of lower-level courts were entirely wrong.
The IP Court resolves IP disputes by a panel of judges in the first instance and in cassation, while the Presidium of the IP Court, consisting of five judges, reviews cassation appeals in cases considered by the IP Court in the first instance

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2
Q

IP-dedicated civil judicial body

A

Специальный гражданский судебный орган ИС

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3
Q

acquisition of exclusive rights for the means of individualization

A

Приобретение исключительных прав на средства индивидуализации

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4
Q

unfair competition

A

Недобросовестная конкуренция

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5
Q

Within its capacity

A

В пределах свой компетенции

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6
Q

Approximately

A

Примерно

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7
Q

Generally of great significance to the legal system or court practice

A

В целом имеет большое значение для правовой системы и судебной практики

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8
Q

Panel of judges

A

Коллегия судей

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