Tag Archives: Constitutional Court

The Constitutional Court has restricted protection of trademark holders against parallel importers

On February 13, 2018, the Russian Constitutional Court issued the Ruling in which it checked validity of the regime of parallel import and related legal remedies.
The constitutional review was initiated by the company PAG, a notorious importer of labeled medicine goods into Russia. Having acquired of importation of its branded goods without any consent, Sony addressed the customs post with a request to suspend importation of PAG’s goods. Afterwards, grey goods were arrested by the Kaliningrad Arbitrazh Court based on Sony’s injunction request. The Kaliningrad Arbitrazh Court ignored PAG’s arguments that goods were original and satisfied the claims: goods were banned for importation, confiscated and destroyed. The court also made the respondent compensate Sony 100,000 rubles for the infringement.
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Constitutional court has confirmed the gap in the regulation of timelines for dispute resolution in Chamber for Patent Disputes

Recently upon the Intellectual property court’s (hereinafter – the IP Court) request the Constitutional court of Russia has considered the case on constitutionality of several provisions of the Civil Code.

The reason for submitting this request was the plaintiff’s motion in another case that is pending before the IP Court. The plaintiff has filed a suit against the Rospatent due to its omission. Under the merits of the case, in early March, 2015 the plaintiff filed an application to the Rospatent for patent invalidation, while the hearing was appointed on the March, 2016.

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