Key Issues in the Intellectual Property Court Presidium Rulings

Abstract

This comment reviews key positions in the rulings of the Presidium of the Russian Intellectual Property Court (IPC) issued between March and July 2022. This Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of registration and validity of industrial 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 encompasses a variety of topics related to trademark law, such as acquired distinctiveness, revocation for lack of use, unprotected elements; the protection of utility models; various procedural matters.