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

of July 2, 2013 No. 50

About introduction of amendments to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 08.10.2012 No. 60 "About some questions which arose in connection with creation in system of Arbitration Courts of Intellectual Property Rights Court"

For the purpose of ensuring uniform approaches to permission of the questions which arose in connection with creation of Intellectual Property Rights Court, 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"

decided:

bring in the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 08.10.2012 No. 60 "About some questions which arose in connection with creation in system of Arbitration Courts of Intellectual Property Rights Court" the following changes:

1) in Item 1:

add with the new paragraph the fourth the following content:

"In case of receipt in Intellectual Property Rights Court of the action for declaration, statement on the case which is not subject to consideration by Intellectual Property Rights Court as Trial Court, such application is returned to the applicant based on Item of 1 part of 1 Article of 129 AIC of the Russian Federation. If the specified circumstance becomes clear after adoption of the statement to production of Intellectual Property Rights Court, it submits the case to the relevant Arbitration Court by rules of cognizance based on Article of 39 AIC of the Russian Federation. The complaint to determination of Intellectual Property Rights Court about case referral taking into account part 3.1 Articles of 188 AIC of the Russian Federation can be made about consideration of other Arbitration Court in presidium of Intellectual Property Rights Court for consideration in cassation instance.";

the fourth to consider the paragraph the paragraph the fifth.

Item 6 to add 2) with the paragraph of the following content:

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