Review of Key Positions of the Presidium of Intellectual Property Court of the Russian Federation

Abstract

The comment reviews key positions issued in the rulings of September and October 2021 by the Presidium of the Russian Intellectual Property Court (IPC). This Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of validity of registered intellectual property rights. Therefore, this review primarily deals with substantive requirements for patent and trademark protection, as well as with procedural issues both in the administrative adjudicating mechanism at the Patent office (Rospatent) and at the IPC itself. The current review covers such issues as appeals against patent term extension (supplementary patent), appeals against partial refusals of trademark applications, distinctive character of trademark elements, a party's interest in judicial proceedings on unfair competition involving trademarks, and conflicts between trademarks and company names.