visions of the mentioned Law, and little was changed considering their codification requirements. These provisions were brought into compliance with the common IPR protection principles in the Civil Cod･?, at the same time addressing certain problems related to the subject of protection of select achievements that are biological objects particularities. Furthermore, these provisions are in com‑
pliance with international agreements like as びPOV Convi?ntion and the WTO TRIPS Agreem･?nt. During the negotiation process of Russia to the WTO, the representative of the Russian Federation confirmed that the protection of plant variety will be granted to a11 WTO Members natural persons and legal entities196｡
Topographies of Integrated Circuits are regulated by Chapter 74 0f the Russian Ｇ 詞Ｚ Code, the provisions of the Chapter are in compliance with the Treaty on Int･?llectual Property in Respect ｏ/゛
Integrated Circuits19气Washington Tr 回 収) and the relevant provi‑
sions of the WTO TRIPS Agreement｡
At the beginning, the Topographies of Integrated Circuits
were included in the Law "On the legal protection of topogr 司 法 泌ｓ of integrated circuits198"
of public policy and legal regulation in the sphere of education, re‑
search, technology and innovation, science, nanotechnology, intel‑
lectual property) and its subordinate Federal Service for
Intellectual Property, Patents and Trademarks 200 (Rospatent − the Russian Federal Service, responsible for control and supervision in the sphere of legal protection and use of intellectual property, pat‑
ents and trademarks, and results of intellectual activity involved in the economic and civil turnover, the interests of the Russian Federation, Russian individuals and legal entities with the distri‑
bution of rights to intellectual property, including those created under international science and technology cooperation)201;
2. The Ministry of Culture of the Russian Federation （a fed‑
eral executive authority responsible for the formulation and imple‑
mentation of public policy and legal regulation in the sphere of
culture, art, cultural heritage, cinematography, archiving, tourist activities, copyright, and related rights and functions manage‑
ment of state property and the provision of public services in the field of culture and cinematography, as well as for the protection of cultural heritage, copyright, and related rights of control and supervision in this area of activity) and its subordinate Federal Service for Supervision of Legislation in the field of protection of cultural heritage （ａ federal executive authority responsible for the protection of cultural heritage, copyright, and related rights on control and supervision of the activities in this area, as well as legal regulation in the field of cultural heritage protection, control and supervision in the field of copyright and related rights) 202;
20, 2016, http:// MMHC)6pHayKH ｐ馳
200 "Federal Service for Intellectual Property (Rospatent)," accessed January 2 ， 2015,http:// ｗｗｗ.rupto.ｒｕ/rupto/portal/start?lang=en･
201 "The Ministry of Education and Science of Russia," accessed January 18 ， 2015, http:// MMHC)6pHayKH ｐ馳
202 "Ministry of Culture of the Russian Federation Official Website − About the Ministry of Culture," accessed March 7 ， 2016, http://mkrf.ru/en/ministerstvo/.
3. The Ministry of Communications and Mass Communi‑
cations of the Russian Federation (carries out functions of public policy and legal regulation in the sphere of information technolo‑
gies, including the use of information technology in the formation of state information resources and access to them; telecommunica‑
tions, including the use and conversion of radio spectrum and postal services; mass communications and resources media, includ‑
ing electronic including the development of the Internet; television systems, including digital and radio broadcasting and new tech‑
nologies in these areas, printing, publishing and printing, personal data processing) and its subordinate Federal Service on Super‑
vision in the Field of Communications, Information Technologies and Mass Communications203 （ａ federal executive authority per‑
forming functions of control and supervision in the field of media, including electronic media and mass communications, information technology, and communication functions on control and supervi‑
sion over the compliance of personal data processing requirements of the legislation of the Russian Federation in the field of personal data as well as the functions of the organization of activity of radio frequency service) 204;
4. The Federal Customs Service (federal executive authority carrying out, in accordance with the legislation of the Russian Federation, the functions of control and supervision in the field of customs and currency control agents, and customized features to combat smuggling, other crimes and administrative
offenses) 200;
203 "Federal Service on Supervision in the Field of Communications, Information Technologies and Mass Communications (Roskomnadzor)," accessed January 18, 2015,http://ｒkｎ.ｇｏｖ.ｒｕ/.
204 "Ministry of Communications and Mass Media of the Russian Federation − The Russian Government," accessed March 8 ， 2016, http://government, ru/en/
department/55/events/.
205 "Federal Customs Service," accessed January 18 ， 2015,http://ｗｗｗ.russian‑
customs.org/.
5. The Ministry of Industry and Trade of the Russian
Federation (federal executive authority of Russia, performing the functions of public policy and legal regulation in the field of indus‑
trial and military‑industrial complex, as well as in the develop‑
ment of aviation technology, technical regulation, maintenance of unity of measurements, as well as an authorized federal executive body, exercising the state regulation of foreign trade) 206;
6. Ministry of Health and Social Development of the Russian
Federation207 (federal Ministry of performing the functions of pub‑
11c policy and legal regulation in the health sector, mandatory health insurance, handling drugs for medical use, including the or‑
ganization of prevention of diseases, including infectious diseases and AIDS, health care, medical rehabilitation and medical assess‑
ments, pharmaceutical activities, including the provision of qual‑
ity, efficacy and safety of drugs for medical use, handling medical products, sanitary and epidemiological welfare of the population, the health resort business, as well as on‑state property manage‑
ment and provision of public health services) and its subordinate Federal Service for Supervision of Consumer Rights Protection
and Human Welfare208 and the Federal Service on Surveillance in Healthcare and Social Development209 （ａ federal executive author‑
ity responsible for the formulation and implementation of public policy and legal regulation in the area of consumer protection, the development and approval of state sanitary‑epidemiological rules and hygienic standards, as well as the organization and implemen‑
206 "Ministry of Industry and Trade of the Russian Federation," accessed January 18, 2015, http://minpromtorg･gov.ru/･
207 "Ministry of Health and Social Development of the Russian Federation," ac‑
cessed March 20 ， 2016,http://ｗｗｗ.rosminzdrav.ｒｕ/･
208 "Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor)," accessed January 2 ， 2015, http://rospotrebnadzor.ru/･
209 "Federal Service on Surveillance in Healthcare and Social Development (Roszdravnadzor)," accessed January 18 ， 2015,http://ｗｗｗ.roszdravnadzor.ｒｕム
tation of the federal state sanitary‑epidemiological surveillance and federal state supervision in the field of consumer protection);
7. Ministry of Internal Affairs of the Russian Federation (fed‑
eral executive body, responsible for drafting and implementation
of public policy and legal regulation in the sphere of internal ａ仁 fairs)210;
8. The Ministry of Justice of the Russian Federation (federal executive authority responsible for the formulation and implemen‑
tation of public policy and legal regulation in the established field of activity, including in the area of execution of criminal sanctions, the registration of non‑profit organizations, including the offices of international organizations and foreign non‑profit, non‑
governmental organizations, political parties, other public associa‑
tions and religious organizations, etc.)211;
9. The State Prosecutors Office (unified federal centralized system of bodies exercising on behalf of the Russian Federation supervision over compliance with the Constitution of the Russian Federation and the execution of the laws in force in its territory･
The Prosecutor's Office of the Russian Federation performs other functions established by federal laws. The authority, organization, and procedure of the Procuracy of the Russian Federation shall be determined by the federal law "On the Procura りof the Russian Fedi?ration." The Prosecutor's Office carries out its functions inde‑
pendently from government legislative, executive, and judicial authorities, but does not apply to any of the branches of govern‑
ment)212; and
10. The Federal Antimonopoly Service (authorized federal ｅχ‑
210 "Ministry of Internal Affairs of the Russian Federation," accessed April 2 ， 2016, https://mvd.ru/.
211 "Ministry of Justice of the Russian Federation," accessed January 18 ， 2015, http://minjust.ru/.
212 "State Prosecutor's Office," accessed January 18 ， 2015,http://ｗｗｗ.genproc.
go v. ru/structure/genprokuratura /.
ecutive authority responsible for the adoption of regulations, con‑
trol, and supervision over compliance with legislation in the field of competition in product markets, and the protection of competi‑
tion in financial services of natural monopolies and advertising)213｡
The courts of general jurisdiction and arbitration courts of the Russian Federation deal with cases of infringement of intellec‑
tual property rights in accordance with the relevant procedural law.
2｡15. Specialized court for inte ‖ectual property disputes On the 6th and 8th of December 2011, the Russian President signed two laws on the establishment in the judicial system of the Russian Federation of Intellectual Property Court. The first is Federal Law N 422‑FZ (hereinafter the Federal Law No.422) amends the Law "On the Status ｏ/゛ Ｊぼiges21∵Arbitration Proc･?dun?and the Ｇ 詞Ｚ Code of the Russian Federation, and the second is the Federal Constitutional Law No.4‑FCL (hereinafter FCL Ｎｏよ), which includes the Federal Constitutiona 囗aws "On the Judicial System in the Russian Fedi?ration210" and "On a 油 注ration courts in the Russian Federa ぴon216.¨ These regulations are the legal basis for the creation of ａ new institution judicial power in the system of ar‑
bitration courts of the Russian Federation − ａ specialized court for intellectual property rights｡
The court on intellectual property rights is the first and only,
213 "The Federal Antimonopoly Service," accessed May 2 1， 2016,http://ｗｗｗ.faｓ.
ｇｏｖ.ｒｕ/･
214 3skoh PI リ9 CTaTyce Cyaen B 凡･CCMMCKOM 0en･?pa μ(On the Status ｏ/' Ｊ･idges in the 沢ussian 凡 面Γαぴon), 1992.
OenepaubHbiM Kc刀iCTH TyilHOHHblH 3aKC 刀i O CynedHOM Cmc reMe･ ７ｂｃ。鍵ｃＡ･OH (踟Ｊ･epaLμｇ( 凡 心Γal Constitutional Law on the Juぷcial Sys￡em in the Russian 凡 面Γαぴon), 1996.
216 φ6･uepajibHbiM Kc 刀iCTHTyL μ'■1 OHHbIM 3aK･ θ77 ひヴApdHTpaMHbix Cyuax B 凡･CCMMCKOM @e 丿印 ２zμ'4M (FedeΓal Constitut丿onal Law on ArbitΓation Courts in the Russian FedeΓation), 1995.
to date, specialized court within the system of arbitration courts in Russia. It was created on July 3 ， 2013, and it is located in Ｍ ｏscoｗ･
IP Court operates as both as ａ court of first instance and as ａ court of cassation217. Preconditions for creation of the specialized court in the field of intellectual property began to appear with the develop‑
ment of legal relations in the field of intellectual property in Russia. First of all, when they occur, they should be associated
with the date of entry into force on Part IV of the Ｇ 詞Ｚ Code of the Russian Federation − 1st January 2008 ,which was the result of the codification of all the Russian legislation on intellectual property･
It is in Part IV of the Ｇ 詞Ｚ Code that the concept of "exclusive right" to the results of intellectual activity218 was first introduced｡
The need to establish ａ court for intellectual property rights was caused by ａ number of problems:
‑ The complexity of the disputes on the rights of intellectual prop‑
erty. During the consideration of cases on the protection of intel‑
lectual property objects in the court, often have difficulty using norms of substantive law as well as procedura 囗aw provisions in the organization of examinations. Application of substantive law is largely complicated by the limited ability to carry out analogies with other civil rights (for example, property and liability rela‑
tions) due to the exclusive nature of the rights to intellectual prop‑
erty allocated in the Civil Code as an independent object of civil rights, which has ａ specia囗egal ｒegime219.
2 17 Lyudmila Novoselova, "Russia's New IP Ｃ WIPO Magazine, February 2014.
218 八･aJKUaHCKHH Ko,丿eKC Poccmmckom OeﾝlepaiiHH LIACTh IV (Civil Code of the Russian Fede Γation PARI 匸IV), Art. 122 夕．
２１９ O.V. Dobrinin, " Cyn no MHTejuieKTyajibHbiM npaBaM KaK HeHCTBeH HblH MexaHH3M HanpaBJieHHbiw Ha rioBbiiieHHe 3(M>eKTMBHOCTM CwcTeMbi 3aiuMTbi
MHTenjieKTyajibHOH CC)6CTBeHHOCTM Ｂ POCCMM (Ｃｏｕｒt for Intellectual Property Rights as an Effective Mechanism Aimed at Increasing the Efficiency of Intellectual Property Protection in Russia) My p h a ji Cy u a ∬∂
/とか７とリzＪとリ'<rya・UbHblM 7か∂召aM (Journal o/ Intellectual Pr 叩erty Court) N2
①ecember 20 13).
‑ Increase in the number of disputes relating to intellectual prop‑
erty. Before the creation of an IP court, from the position of the procedural law, disputes relating to the rights of intellectual activ‑
ity objects could be considered by almost any Russian court, from Arbitration Court to magistrates' courts. At the same time, if seeking about the system of general jurisdiction courts, such cases are handled by magistrates and judges of the district courts, who have largely been involved in general civil cases (hereditary, fam‑
ily, housing disputes, etc.). For the majority of such judges, the case for the protection of the rights of intellectual property is unique and may be the only in practice. Lack of adequate practice of the judge could adversely affect the quality of ａ concrete dis‑
pute, and with the increase of such disputes, so does the quality of justice in general220.
‑ The lack of uniform practice in the application of intellectual property law. As the disputes on the rights to intellectual property objects can be considered by the arbitral tribunal as well as by the general jurisdiction court, often the different jurisdictions courts apply the norms of intellectual property law differently, which constitutes an obstacle to the formation of ａ uniform practice of application of the legislation in this ａｒea221｡
According to the new edition of Art. 43.1 and 43.2 0f the
Federal Constitutional Law "On a 油 注ration ｃｏαΓts in the Russian Ｆｅｄ･?ration," the court for intellectual property rights is the court
of first and cassation instances222 . As ａ rule, the majority of
220 L.A. Novoselova, " 3aflawn Cyzia no PIh t e ji ji e k t y a ji b HbM FIpaBaM (Objectives of the Court for Intellectual Property Rights)," )KypHa Ｘ Cyn 2 77 , ９ /とか ７とリzＪとリ'<rya・UbHblM 7 か∂ 召aM (Journal cぴIntellectual Pr 叩erty Court) N1 (October 2013).
221 I.A. Bliznec and L.A. Novoselova, Cyn no / とか7･と3juieKTy,ふUbHblM L か3B3M z7 CncTeM<･7 OpraHOB focynapcTB と"HHOM 召nacTM BP (IP Court in the System ｏ/
Russia 八 万冫 面Γαびon State Auth 〇rities) (Prospect, 2014).
222 φ と･ﾉμepajibHb 鍵 凡湎7c TM TYUM OHHbIM 3aKOH a がAp6n TpawHbix Cynax z7 凡･CCMMCKOM @e 丿 印 ２μmm (Fede Γal Constit ばional Law on A 油 注Γation Courts in
Russian arbitration courts operate only as ａ court of one instance･
The only exceptions are two courts:
1) Arbitration courts of districts that are initially courts of cassation have jurisdiction to deal, as ａ court of first instance, with the application for compensation for the violation of the right to trial within a reasonable time, or the right to the execution of the act within a reasonable time223;
2）The Supreme Arbitration Court of the Russian Federation, which, as ａ general rule, is the court of supervisory instance and has ａ right to act as ａ court of first instance for certain categories of cases provided for in Part. 2 Art. ３４ Code of Arbitration Procedure (for example, the case on challenging normative legal acts of the President of the Russian Federation, the Government of the Russian Federation)｡
The Court of First Instance on intellectual property rights is authorized to consider the following categories of cases: 1 ）on chal‑
lenging normative legal acts of the federal executive bodies, affect‑
ing the rights and legitimate interests of the applicant in the legal protection of intellectual activity and means of individualization;
2）on disputes concerning the granting and termination of legal protection of intellectual activity and means of individualization (except for copyright and related rights, topographies of inte‑
grated circuits), including early termination of legal protection of trademark due to its non‑use; the establishment of the patent
owner; to invalidate ａ patent for an invention, utility model, indus‑
trial design or selection achievement, the decisions to grant legal protection to ａ trademark, appellation of origin, and granting the exclusive right to such name; on challenging acts, decisions, and actions of the federal executive authority on intellectual property
the Russian F ㎡ｅΓat ion).
223 A ｒ阮￡Γαぴon Procedural Code （:ｿthe Russian 74?deration, 2002, Part 2 0f Art.
274.
(currently, "Federal Institute of Industrial Property"), the federal executive body for the selection achievements (currently, Ministry of Agriculture) and their officials, as well as the bodies authorized by the Russian government to consider an application for granting ａ patent for secret invention (currently, Russian Ministry of
Defence, Ministry of Internal Affairs, Ministry of Health and Social Development, Ministry of Industry and Trade of the Russian Federation, the Federal Security Service, State Atomic Energy Corporation "Rosatom"); on challenging decisions of the federal anti‑monopoly body (currently, Federal Antimonopoly Service) on the recognition of unfair competition of actions related to the acquisition of an exclusive right to the means of individualization224｡
Production of the above categories of cases is carried out by a collegial panel of judges of the court for intellectual property rights. At the same time, it does not matter whether the partici‑
pants of legal relations from which the dispute arose are organiza‑
tions, individual entrepreneurs, or citizens. Decisions taken by the court as ａ court of first instance will come into force immediately after their adoption. Such ａ court decision taken in the first in‑
stance can only be appealed in cassation, as the creation of appeal in court for intellectual property rights is not provided. During the first four months from it was open, the IP Court received over 350 claims to first instance and ３９０ appeals were considered as ａ cassation220｡
1t should also be mentioned one of the innovations of the
Federal Law No.422, which is the introduction to the process of ａ new participant − an Expert. An expert is ａ person, who has the necessary knowledge in the relevant specialty226 . The expert ｗ111
224 225 226
Ibid. Art. 34
Lyudmila Novoselova, "Russia's New IP Ｃ ourt."
Ａｒ阮￡Γαぴon Procedural Code ｏ/ the Russian 74?deration., Art 55.1
verbally advise employees of arbitration courts on matters related to his specialty. Any arbitration court has the right to use experts･
However, only in the court for intellectual property rights ｗ111 Advisers be introduced into the staffing schedule, which these
courts will be able to use as experts｡
Based on the provisions of Art. 1406 0f the Ｇ 詞Ｚ Code, disputes on the establishment of the patent owner will be considered only in the court for intellectual property rights, compliance with any ad‑
ministrative procedures not required. As for the disputes on invali‑
dation of patent, such disputes can be considered as an administrative order as well as a judicial order. In the case of chal‑
lenged validity of the patent as inadequate to requirements of
paras. 1‑3, Part 1 Art.1398 0f the Civil Code (inconsistency to con‑
ditions for protection), an administrative order is issued. In the case of a dispute about the authorship, a judicial order is issued (para. 4, Part 1 ， Art. 1398 0f the Civil Code)｡
In addition, the Federal Law No.422 amended Art. 1486 0f the Civil Code, which establishes the procedure for early termination of legal protection of trademark. The earlier version of the same article allowed the early termination of legal protection of trade‑
mark only in the administrative procedure; in ａ new version, the appropriate application must be submitted to arbitration court･
Thus it seems, that at the present time, it has sufficiently clearly regulated the issues of subordination and the jurisdiction of the dispute resolution in the field of intellectual property, which should eliminate the problem of determining the proper way to
protect the violated right｡
Based on the aforementioned, the creation of such a specialized institution of the judiciary as ａ court for intellectual property rights, of course, is ａ logical and consistent step forward in the de‑
velopment of the Russian judicial system｡
Empowering the court to be competent to deal with disputes
not only as ａ court of first instance, but also for the revision as ａ