Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

On behalf of the Russian Federation

DECISION OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of October 6, 2011 No. BAC-9394/11

About recognition invalid Item 10.3 of Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation in accordance with the established procedure prolongation of effective period of the patent for the invention relating to means which application requires receipt of permission of the body authorized on it in accordance with the legislation of the Russian Federation, effective period of the patent for industrial design, evidences (patent) for useful model, the registration certificate of the trademark, service mark, the certificate on right to use by the name of the place of goods origin, and also recovery of action of the patent for the invention, useful model, industrial design stopped in connection with failure to pay at the scheduled time of duty on its maintenance in force, утв. The order of the Ministry of Education and Science of 29.10.2008 No. 322

The substantive provisions of the decision are announced on September 30, 2011.

The complete text of the decision is made on October 6, 2011.

The Supreme Arbitration Court of the Russian Federation as a part of the chairman G. G. Popova, E. M. Moiseyeva's judges, V. V. Popov, in case of taking the minutes with use of means of audio recording by the assistant judge N. N. Martina, considered in meeting case on the statement specified by rules of Article 49 of the Arbitral Procedure Code of the Russian Federation and accepted by court of Zhirnov Oleg Petrovich (living to the address: Dedovsk, Ulitsa Glavnaya, 8, sq. 80) to the Ministry of Education and Science of the Russian Federation, about recognition invalid Items 10. 3, 10.5, 10.6, 10. 12, 10.13 Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation in accordance with the established procedure prolongation of effective period of the patent for the invention relating to means which application requires receipt of permission of the body authorized on it in accordance with the legislation of the Russian Federation, effective period of the patent for industrial design, evidences (patent) for useful model, the registration certificate of the trademark, service mark, the certificate on right to use by the name of the place of goods origin, and also recovery of action of the patent for the invention, useful model, industrial design stopped in connection with failure to pay at the scheduled time of duty on its maintenance in force the Ministry of Education and Science of the Russian Federation approved by the Order of 29.10.2008 No. 322, No. 26 published in the Bulletin of regulations of federal executive bodies of 29.06.2009 (further - Administrative regulations).

Other persons participating in case: the third party who is not declaring independent requirements concerning matter in issue, - Federal Service for Intellectual Property.

Representatives took part in judicial session:

from the applicant - Zhirnov O. P. (the passport <...>);

from the defendant - Fedorov O. V. (the power of attorney of 29.12.2010 No. AF-660/17, the certificate of 24.09.2010 No. 0682);

from the third party - Razumova G. V. (the power of attorney of 24.03.2011 No. 01/25-155/41, the certificate of 15.07.2009 No. 340-30), Robinov A. A. (power of attorney of 24.03.2011 No. 01/25-156/41, certificate of 04.04.2011 No. 372-30).

The court established:

The millstone Oleg Petrovich appealed to the Supreme Arbitration Court of the Russian Federation with the statement specified according to the procedure of Article 49 of the Arbitral Procedure Code of the Russian Federation and accepted by Arbitration Court to the Ministry of Education and Science of the Russian Federation (further - the ministry) about recognition invalid Items 10. 3, 10.5, 10.6, 10.12, 10.13 Administrative regulations regarding medicine determination as not corresponding to the Federal Law of 12.04.2010 No. 61-FZ "About drug circulation" (to Item 1 of Article 4).

According to Article 51 of the Arbitral Procedure Code of the Russian Federation the Federal Service for Intellectual Property is involved in participation in case in quality of the third party who is not declaring independent requirements concerning matter in issue (further - Rospatent).

Besides, the applicant specified that application by Rospatent not corresponding to the Law No. 61-FZ of regulations of Administrative regulations led of 12.04.2010 to violation of its rights and legitimate interests as by the decision of 29.04.2010 it was refused prolongation of effective period of the patent No. 2054180 for the invention granted to it "Method of treatment of viral raspiratorny infections, aerosol for its implementation" (the patent No. 2054180). Believes that article 4 of the Law No. 61-FZ grants of 12.04.2010 the right to qualify its invention as medicine, and the disputed Items of Administrative regulations on the content create obstacles for prolongation of patents and realization of the rights of inventors.

The ministry in response and in judicial session did not recognize the declared requirements, having explained that the applicant does not specify the rights and legitimate interests which are violated by the disputed Items of Administrative regulations. Also the defendant believes that the applicant did not reason what rules of law are not met by Items 10 disputed by him. 5, 10.6, 10.12, 10.13 Administrative regulations.

Believes arguments of the applicant unreasonable as the medicine definition given in the new law as well as the definition given in earlier existing law does not contain specifying on dosage form. The concept of dosage form was entered by the Law of 12.04.2010 No. 61-FZ as medicine condition, but not medicine as the applicant mistakenly believes.

Besides, the defendant reported that from coming into force of the new law (01.09. 2010) Rospatent applies regulations of Administrative regulations taking into account new determination of the medicine containing in the Law of 12.04.2010 No. 61-FZ.

Having considered case papers, having researched the produced evidence and having heard explanations of representatives of persons participating in case, the Supreme Arbitration Court of the Russian Federation considers that the statement is subject to satisfaction partially on the following bases.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.