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The Russian Constitutional Court Has Allowed Reimbursement of Legal Costs Borne Before Rospatent as Court Costs

18 January 2023

The Russian Constitutional Court in its Ruling of 10 January 2023 No. 1-P  stated that art. 1248(2) of the Russian Civil Code along with art. 106 of the Russian Commercial Procedure Code are inconsistent with the Russian Constitution insofar they prevent a party in a court case on appealing the Rospatent decision to reimburse legal costs borne by this party in administrative dispute on annulling registration of intellectual property objects or means of individualization previously resolved by Rospatent.

Patent Extensions May Now Be Challenged Under Administrative Procedure

12 October 2022

The new Federal law will enter into force on 18 October 2022. The amendments provide for the possibility to challenge extension of a patent related to a medicine, pesticide, or agrochemical (granting SPCs) by filing an opposition with Rospatent according to procedure set out in Article 1398 (2) of the Russian Civil Code if conditions for such patent extension, stipulated in Article 1363 (2) of the Russian Civil Code, have been violated.