Key Issues in the Intellectual Property Court’ Presidium Rulings

Abstract

The comment reviews key positions in the rulings of the Presidium of the Russian Intellectual Property Court (IPC) issued in October and November 2021. This Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of validity of registered intellectual property rights. Therefore, this review predominantly covers substantive requirements for patent and trademark protection, as well as procedural issues both in the administrative adjudicating mechanism at the Patent office (Rospatent) and at the IPC itself. The current review covers such issues as the procedure for challenging a Eurasian patent term extension (supplementary patent), legal costs, appeals against the decisions in the areas of unfair competition, well-known trademarks, signs that are contrary to general interests, challenging the validity of a utility model, the adoption of interim measures, the registration of a trademark under Article 6. septies of the Paris Convention.