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

of October 8, 2012 No. 59

About some questions arising in connection with adoption of the Federal Law of 08.12.2011 No. 422-FZ "About modification of separate legal acts of the Russian Federation in connection with creation in system of Arbitration Courts of Intellectual Property Rights Court"

Due to the questions arising at Arbitration Courts in connection with adoption of the Federal Law of 08.12.2011 N 422-FZ "About modification of separate legal acts of the Russian Federation in connection with creation in system of Arbitration Courts of Intellectual Property Rights Court" (further - the Law), 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.

1. Arbitration Courts need to consider that from the effective date the Law, that is from 08:12. 2011, are also carried to jurisdiction of Arbitration Courts:

cases on early termination of legal protection of the trademark owing to its non-use which according to Item 1 of Article 1486 of the Civil code of the Russian Federation are considered only by Arbitration Courts;

cases on disputes on protection of the intellectual rights with participation of the organizations exercising collective control of copyright and related rights which proceeding from Item 4.2 of part 1 of Article 33 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation) are subject to consideration by Arbitration Courts irrespective of such organization appears in court on behalf of owners (the legal entities, individual entrepreneurs or citizens who are not individual entrepreneurs) or on its own behalf, and from nature of disputable legal relationship.

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