Representation in Court for Intellectual Property Rights

What you need to know about the Intellectual Property Court?

The Intellectual Property Court is a rather specific entity. This is the first specialized court in Russia. He began his work in 2013, but the nuances of his work are still unfamiliar to many.

The emergence of such a judicial body is primarily associated with a high level of complexity of the relevant disputes. Therefore, it was decided to separate them into a certain category.

What is the competence?

The competence of the Intellectual Property Court deserves special attention. Here, as a court of first instance, you can address such disputes:

• with questions regarding the granting of legal protection to various objects of intellectual property or the results of relevant activities, as well as questions regarding the termination of the relevant regime;
• with the appeal of normative legal acts that violate intellectual property rights. In fact, we are talking about conflicts with government bodies and other similar structures..

Also, this court, within the framework of cassation, considers those cases that have ended up in the arbitration courts of appeal. Of course, when it comes to protecting intellectual property rights.

How is this court different?

An appeal to this authority is justified when the case turns out to be complex and controversial, requiring a particularly careful approach, detailed, almost meticulous study. There are cases when, in order to understand the situation, this court consulted 3 doctors of science. Also, judges often made unpopular decisions, which eloquently indicated their objectivity and independence.

Case preparation

To increase the likelihood of winning when filing a claim in this court, it is necessary to state the requirements clearly, on the merits. A competent substantiation of one's position is of great importance. The more arguments there are, the better. However, they should not contradict each other.

Important: before filing a claim with the court, it is advisable to carefully study exactly how the evidence was obtained. If even one is obtained illegally, it will start playing against the bearer. Moreover, in this case, the rest of the arguments will also cause a certain distrust.

Also, the evidence must differ in relevance to the case and sufficiency. That is, it is impossible to present something that does not unambiguously indicate a specific fact, which can be interpreted in different ways. Otherwise, such an argument, in fact, does not indicate anything.

All this must be taken into account when preparing a case for transfer to court. Therefore, it is desirable that lawyers who specialize in the protection of intellectual property rights delve into the questions that arise. And it is important that they understand the specifics of the work of such a court.