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RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of October 8, 2012 No. 60

About some questions which arose in connection with creation in system of Arbitration Courts of Intellectual Property Rights Court

(as amended on 23-04-2019)

Due to the questions which arose at Arbitration Courts in connection with creation in system of Arbitration Courts of Intellectual Property Rights Court and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make to Arbitration Courts the following explanations.

The cases which are subject to consideration by Intellectual Property Rights Court as Trial Court

1. No. 10 is not subject to application according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.04.2019

2. No. 10 is not subject to application according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.04.2019

3. No. 10 is not subject to application according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.04.2019

4. No. 10 is not subject to application according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.04.2019

5. The judgments by the intellectual rights made by it as Trial Court take legal effect immediately after their acceptance (part 2 Articles of 180 AIC of the Russian Federation) and can be appealed according to the procedure of cassation production (part 2 Articles of 273 AIC of the Russian Federation).

The petition for appeal on the court resolution adopted by Intellectual Property Rights Court as Trial Court is subject to return based on Item 2 parts of 1 Article of 264 AIC of the Russian Federation.

6. On the cases considered by Intellectual Property Rights Court as Trial Court, consideration of writs of appeal according to the procedure of cassation production is performed also by Intellectual Property Rights Court (part 3 Articles of 274 AIC of the Russian Federation).

At the same time feature of such consideration in comparison with general rules of consideration of the case of cassation instance by court is that the corresponding review is performed not as a part of three or other odd number of judges (part 4 Articles of 17 AIC of the Russian Federation), and the presidium of Intellectual Property Rights Court (part 1.1 Articles of 284 AIC of the Russian Federation) performing consideration of writs of appeal taking into account provisions of article 43.7 of the Law on Arbitration Courts, and also Regulations of Arbitration Courts of the Russian Federation.

The determinations accepted by presidium of Intellectual Property Rights Court can be reviewed according to the procedure of supervision by rules of Chapter of 36 AIC of the Russian Federation.

The cases which are subject to consideration by Intellectual Property Rights Court only as court of cassation instance

7. The paragraph one is not subject to application

 The paragraph two is not subject to application

According to the procedure of administrative legal proceedings by Arbitration Courts the following cases on protection of the intellectual rights are subject to consideration, in particular:

cases on administrative prosecution for making of administrative offenses, the stipulated in Article 14.10 Russian Federation Codes of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences) if they are made by legal entities or individual entrepreneurs (the paragraph third parts 3 of article 23.1 Code of the Russian Federation on Administrative Offences);

cases on administrative prosecution for making of the administrative offenses provided by part 1 (regarding the unfair competition connected with acquisition of right and use of exclusive right at the expense of individualization of the legal entity, means of individualization of products, works or services) and part 2 of article 14.33 Code of the Russian Federation on Administrative Offences, irrespective of subject structure (the paragraph the fourth parts 3 of article 23.1 Code of the Russian Federation on Administrative Offences);

cases on contest of resolutions of administrative authorities on administrative prosecution for the violations provided by part 1 (regarding the unfair competition connected with acquisition of right and use of exclusive right at the expense of individualization of the legal entity, means of individualization of products, works or services) and part 2 of article 14.33 Code of the Russian Federation on Administrative Offences if they are made by legal entities or individual entrepreneurs (part 3 of article 30.1 Code of the Russian Federation on Administrative Offences);

cases on appeal of decisions and (or) instructions of antimonopoly authority on cases on violations, stipulated in Item 4 parts 1 of article 14 of the Federal law "About Protection of the Competition", irrespective of subject structure (part 1 of article 52 of the Federal law "About Protection of the Competition").

The cases specified in this Item are subject to consideration of subjects of the Russian Federation by Arbitration Courts as Trial Courts taking into account general rules of cognizance of cases.

8. No. 10 is not subject to application according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.04.2019

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