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Judgment of the Plenary Session of the Supreme Commercial Court № 59 and Judgment of the Plenary Session of the Supreme Commercial Court № 60 of 8 October 2012

Both judgments elucidate the issues connected to the creation of the Court for Intellectual Property Rights within the system of commercial courts. Thus,  Judgment № 60:

-  specifies which cases shall be considered by the new court in the capacity of the court of first instance;

- draws attention to the fact that such cases may not be subject to appellation review; the court of cassation instance for them is the presidium of the Court for Intellectual Property Rights, whereas the other disputes on the protection of intellectual property rights shall be considered by commercial courts under the general rules for consideration, including the appellate procedure;

- in the meantime, it emphasises that cassation review of such decisions of commercial courts shall be effectuated in the Court for Intellectual Property Rights, too, although not by the presidium of the Court, but by a panel consisting of three judges.

Besides, these Court’s decrees regulate the variety of issues on engaging specialists for participation in commercial disputes, including the ones related to intellectual property rights.

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