Eurasian Patent Court May be Established Soon

Despite the fact that it is possible to obtain a single Eurasian patent by filing an application with the Eurasian Patent Organization (EAPO), the challenge of such patent is proceed separately in each country party of the Eurasian Patent Convention (excluded an administrative annulment of a patent under art. 19(xiii) of the Eurasian Patent Convention and Rule 53 of the Regulations to the Eurasian Patent Convention).

Considering the increasing integration of the countries of the Eurasian Economic Union, Grigoriy Ivliev, EAPO President, has recently pointed out the necessity to establish the unified Eurasian patent court. Kindly note that almost 2 years ago EAPO was skeptical about Rospatent's proposal to create such a court.

According to the EAPO, the creation of Eurasian patent court will reduce costs and ensure a uniform application of international and regional treaties on intellectual property by national authorities.

Grigoriy Ivliev states that “documents based on which the Eurasian patent court shall operate will be submitted for consideration of the authorities of the 8 EAPO countries, business and scientific community in 2023”.

Along with the intellectual property cases, the Eurasian patent court is also supposed to deal with disputes on the medicines circulation, customs rules and duties.