Chief Editor's Note on Intellectual Property Courts in Brics Countries

• Author: D. Maleshin
• Position: Lomonosov Moscow State University (Moscow, Russia)
• Pages: 4-6

BRICS LAW JOURNAL Volume III (2016) Issue 1

CHIEF EDIToR’S noTE on InTELLECTuaL PRoPERTY CouRTS

In BRICS CounTRIES

DMITRY MALESHIN,

Lomonosov Moscow State University

(Moscow, Russia)

DOI:10.21684/2412-2343-2016-3-1-4-6

Recommended citation: Dmitry Maleshin, Chief Editor’s Note on Intellectual Property

Courts in BRICS Countries, 3(1) BRICS Law Journal 4–6 (2016).

Patent or Intellectu al Property Courts (IP Court s) are co nsidered spec ialized

courts. They are specialize in intellectual property law and have exclusive jurisdiction

over patent law disputes.

Brazil has not yet introduced specialised IP Courts sep arated from the cour ts

of general jurisdiction. The 1996 Industrial Property Law did refer to the creation of

specialized intellectual property courts but this has not yet happened. Intellec tual

property cases a re currently considered in the courts of general j urisdiction by

a specialized intellectual property division. There are also appellate courts that have

exclusive jurisdiction over intellectual property cases.

In Russia, the IP Court acts as a specialised court and is part of the commercial

courts system. The scope of its competence covers disputes connected to intellectual

rights.

This category of disputes is notable not only for the complexity of the legal

analysis but also for the complexity of technical issues connected with the specics

of intellectual rights. Handling a case not only requires serious experience of legal

practice b ut also ski lls in the technical and spheres. The judg e considering such

a case usually needs to understand some technical issues connected with intellectual

property rights. The specialized IP Court provides eciency of judicial proceedings by

means of specialization of judicial practice in this area. Narrow specialization of judges

increases the quality of judicial work, and reduces consideration time of a case.

The Russian I P Court was founded in 2011. However, the idea of a specialized

court was announced for the rst time in the late 80s. There were some drafts on