Russian Federation: Russia On Its Way To Establishing A Specialized IPR Court

Last Updated: 27 February 2012

Article by Timur Djabbarov and Elvira Danilova*

"The United States encourages Russia to pass legislation establishing a specialized IPR court. The United States looks forward to working together with Russia on continuing education opportunities for judges with respect to IPR."

Ron Kirk, U.S. Trade Representative Special 301 Report. April 2011

Protection and enforcement of intellectual property (IP) rights in the Russian Federation has been one of the main obstacles inhibiting foreign investment in Russia. Notwithstanding the steady development of modern IP legislation in accordance with the World Intellectual Property Organization (WIPO)1 directives and provisions of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),2 the practical application of laws by Russian state authorities (courts, investigative bodies, antimonopoly authorities, etc.) in this area has left much to be desired. Drowning in piles of cases to be heard daily and lacking the required qualifications in science, technology or art, the judges of Russian state commercial (arbitrazh) courts and courts of common jurisdiction3 hearing IP cases usually adopted a formalized approach. As a result, the lawful interests of rightholders often went unprotected. An initial wrongful court judgment on an IP case would create precedent for further defective court practice.4 As one solution to this problem, a separate court is proposed to be established specializing exclusively in intellectual property issues.

On December 6, 2011, Federal Constitutional Law No. 4-FKZ was adopted creating a single specialized court for intellectual property rights (the IPR Court) within the system of state commercial (arbitrazh) courts.5

As a court of first instance, the IPR Court will rule on cases with respect to establishing and validating IP rights, in particular:

  1. cases on challenging actions of federal executive authorities in the area of patent rights and rights to new varieties of plants, topologies of integrated circuits, know-how, means of individualization of legal entities, goods, works, services, enterprises, and use of the results of intellectual activity incorporated in unified technology;
  2. cases on granting or terminating legal protection of the results of intellectual activity and their equivalents in the form of means of individualization of legal entities, goods, services, and enterprises (excluding copyrights and associated rights, and topologies of integrated circuits). In particular, challenging actions of a federal executive authority for new varieties of plants and its officials, as well as bodies authorized by the RF Government to consider patent applications for secret inventions; challenging rulings of a federal antimonopoly authority on recognizing as unfair competition actions related to the acquisition of exclusive rights to the means of individualization of legal entities, goods, works, services, and enterprises; determining a patentholder; recognizing the invalidity of a patent to an invention, utility model, industrial design or selection achievement, of a decision on granting legal protection to a trademark, name of the place of origin of goods and on granting exclusive rights to such name; and on premature termination of legal protection of a trademark due to its non-use.

As a court of second (cassation) instance, the IPR Court will review: (i) cases judged by the IPR Court from the first instance; (ii) cases connected with IP rights infringement judged by state commercial (arbitrazh) courts of constituent territories of the Russian Federation in the first and appellate instances.

Decrees adopted by the IPR Court in the cassation instance may still be reviewed by the Supreme Commercial (Arbitrazh) Court of the Russian Federation (supervisory instance).

The main differences between the IPR Court and a traditional state arbitrazh (commercial) court are that:

  1. there is no appellate instance within the IPR Court;6
  2. both first and cassation instances of the IPR Court will consist of a panel of three judges;7 and
  3. all judges in the IPR Court will have special qualifications in spheres relating to IP: science, technology or art.

The IPR Court will be guided by the State Commercial (Arbitrazh) Procedural Code of the Russian Federation, which has been amended accordingly.

The IPR Court will officially start hearing cases not later than February 1, 2013. The planned location for the IPR Court is in the Innovation Center Skolkovo (Moscow Oblast, Skolkovo village, please see our Russian Legal Update from December 2010 setting out the legal framework for Skolkovo). Access for residents from other regions of the Russian Federation will be ensured by video conferencing, saving parties to a dispute from traveling to another city to participate in court proceedings.

* Elvira Danilova is a paralegal in Dechert's Moscow office.


1.The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations that was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations.

2.TRIPS provisions were reflected in the fourth part of the Civil Code of the Russian Federation governing IP matters in 2006. TRIPS as a part of WTO protocol was signed by the Russian Federation on December 16, 2011, and is expected to be ratified by summer 2012.

3.IP disputes with regard to submission of applications with regard to and/or state registration of patent rights, rights to a utility model; industrial designs, selection achievements, trademarks or names of the place of origin of goods are deemed to be connected with public order in the Russian Federation, and for this reason are not arbitrable.

4.Formally, court precedent is not considered as a source of law in the Russian Federation, yet, by virtue of the "conformity of court practice" principle, Russian judges rarely deviate from the established approaches formed by prior court judgments.

5.State commercial (arbitrazh) courts of the RF hear economic disputes between legal entities and/or individual entrepreneurs.

6.Traditional state commercial (arbitrazh) courts have four instances: first, appellate, cassation and supervisory.

7.Cases in the first instance of the traditional state commercial (arbitrazh) courts are heard by one judge and by three judges in appellate and cassation courts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.