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A specialized Court for Intellectual Property Disputes was formed
Not later than 1 February 2013 a Court for Intellectual Property Disputes ("CIPD") shall be formed in the Russian Federation. This court shall be the first Russian specialized arbitration court.
In this regard the respective amendments were introduced to the Federal Constitutional Law "On Judiciary System of the Russian Federation" and the Federal Constitutional Law "On State Arbitration Courts of the Russian Federation" as well as to some legislative acts of the Russian Federation. These laws both supplement the texts of the existing articles and introduce new chapters and articles to the existing legislation.
The CIPD's jurisdiction is being determined. This court does not have jurisdiction over any and all cases involving intellectual rights disputes. Basically, this court considers cases related to challenging of normative acts issued by the federal executive authorities and non-normative decisions of a federal executive authority on intellectual property, federal executive authority on selection inventions and their officials, the federal antimonopoly body. To determine jurisdiction it does not matter who the parties at issue are: organizations, individual entrepreneurs or citizens.
The CIPD shall consider cases as court of trial and as cassation court as well. First judgments may not be appealed. As cassation instance the CIPD may review those cases which were considered by the state arbitration courts of constituent territories of the Russian Federation, Arbitration Courts of Appeal before the CIPD was established.
The CIPD shall be established not later than 1 February 2013. The court shall be deemed established upon the appointment of at least half of the determined number of its judges.
The Plenum of the Supreme Arbitration Court of the Russian Federation shall adopt a resolution on the commencement of operations of the CIPD and serve an official notice on it. The CIPD shall commence its operations as soon as such resolution is adopted.
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