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Decision of the Supreme Commercial Court of 1 October 2012 № ВАС-6474/12 upon the application of Jan Topol, a citizen of Czech Republic

Point of law: the legality of prohibition imposed by Rospatent upon appointing advocates as representatives of non-residents (both natural and legal persons) in patent disputes, whereas residents are permitted to hire advocates as well as patent attorneys.

Ratio decidendi: the Court declared this prohibition to be discriminatory and contradictory to the international obligations of the Russian Federation. The corresponding provision of the regulations adopted by Rospatent was deemed to be invalid.

Practical consequences: this decision was not submitted to the Presidium of the Court for review. Therefore, it took final effect.

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