Tag Archives: Russian civil code

Amendments to the pre-trial procedure for IP disputes

On June 1, 2016, the mandatory pre-trial procedure came into force. On May 26, 2017 the State Duma approved in the second reading amendments to the current pre-trial procedure.

Under the amendments, the pre-trial procedure extends only to the monetary disputes. The amendments (art. 1252 of the Russian Civil Code) also directly prescribe that the pre-trial procedure doesn`t apply to nonpecuniary claims for infringement of IP rights (for example, suppression of acts that infringe or endanger the IP rights; seizure and destruction of counterfeit goods; official publication of the court decision rendered against an infringer).

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Provisional applications and licensing of unregistered patents may appear in Russia

In August 2016 Rospatent has initiated a public discussion on provisional applications and licensing of unregistered patents in Russia.

In Rospatent’s view, provisional applications are designed to establish an effective 12-month term, within which applicants may file their non-provisional (“ordinary”) applications. In order to register a provisional application an applicant should disclose a technical decision of the invention or utility model and pay a patent fee.

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Adoption of a new Civil Code

Adoption of a new Civil Code has been widely discussed at the highest state level. In early April the respective draft law N 47538-6 was brought to the State Duma, considered by the deputies and subsequently passed in the first reading.

In the middle of November the deputies refused from the concept of adoption of the new Civil Code as a single document. It was decided to continue its consideration part by part, i.e. in the form that the effective Civil Code now exists.

Therefore, on November 22, 2012 the draft law N 47538-6/1 appeared on the State Duma�s web-site. This draft law contains a number of amendments to the chapters 1-4 of the Part I of the Civil Code. Amendments to the rest of the Civil Code have not been considered yet by the deputies (their consideration is scheduled after adoption of the said amendments). More…

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National public order

The contravention of a foreign judicial judgment to the national public order is deemed as a sufficient ground to reject recognition and enforcement of� foreign court and foreign commercial court judgments in the international law instruments (the New York Convention of 1958), as well as in the law of the Russian Federation.

According to the article 1193 of the Russian Civil Code, the applicable provision of foreign law shall not be applied in certain cases when the consequences of its application would have obviously been in conflict with the fundamentals of law and order (public order) of the Russian Federation.� The Russian Civil Code provides that in this case corresponding provision of Russian legislation should be applied if necessary. At the same time rejection in application of the foreign law provision should not be based solely on differences in legal, political or economic systems between a relevant foreign state and the Russian Federation. More…

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Russian Civil Legislation: Changes in Case Law

Alongside changes made this year to Russian civil legislation as part of an ongoing modernization process of the Civil Code, some notable changes have also emerged in case law. Russian courts currently have changed their traditional interpretation of many statutory regulation issues, and are taking new approaches. This has affected the implementation of existing statutes by parties to contractual relationships. Below we point out some examples of such changes in the case law.

“Future” Real Estate Acquisition

In general, the acquisition of “future” property (property which does not exist upon a contract signing, but will exist upon the contract’s closing) is allowed by section 2 article 455 in the Civil Code of the Russian Federation. However, the established case law in Russia has traditionally maintained the position that such acquisition is in fact impossible: the courts deem contracts void where the subject matter is not identified. At the same time it’s been widely recognized that the cadastral number of the real property must be the sufficient identification of such property in the contract. From the statutory perspective, new real property obtains its cadastral number only after the completion of its construction.

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