The Judgment makes it clear that in the event of receiving a suit which is not subject to consideration by the Court for Intellectual Property Rights as a court of first instance, the Court must return the application to the applicant or – if it has already been accepted for consideration – refer it to an appropriate commercial court in accordance with the jurisdictional rules contained in Article 39 of the Commercial Procedure Code. The ruling on such referral may be appealed against to the presidium of the Court for Intellectual Property Rights by way of cassation. The rulings of the Presidium may be subsequently reversed by way of supervision in accordance with the rules of Chapter 36 of the Commercial Procedure Code.
The Judgment also points out that preparation of answers to requests from the Court for Intellectual Property Rights by scholars, specialists and other persons having theoretical knowledge or practical expertise relative to the substance of a dispute to be resolved shall not be paid up.
Besides, it defines more precisely the competence of commercial courts with respect to certain categories of disputes in the field of intellectual property rights.
