Article 1248. Disputes Relating to Intellectual Right Protection

1. Disputes relating to the protection of violated or disputed intellectual rights shall be examined and resolved by the court (Item 1 of Article 11).

2. In the cases envisaged by the present code the protection of intellectual rights in relationships that have to do with the filing and examining patent applications for inventions, utility models, industrial designs, breeding achievements, trademarks and service marks and the appellation of origin of goods with the state registration of these results of intellectual activities and means of individualisation, the issuance of the relevant right-establishing documents, the disputing of granting legal protection to, or termination of the legal protection of, these results and means shall be carried out by administrative means (Item 2 of Article 11) by the federal executive governmental body charged with intellectual property matters and the federal executive governmental body charged with breeding achievements, respectively, and in the cases envisaged by Articles 1401-1405 of the present Code, by the federal executive governmental body authorised by the Government of the Russian Federation (Item 2 of Article 1401). Decisions of these bodies shall take effect starting from the date when they are taken. They may be challenged in the court in the procedure established by a law.

3. Rules for the examination and resolution of disputes in the procedure set out in Item 2 of the present article by the federal executive governmental body charged with intellectual property matters and by a patent disputes chamber set up under it, and also the federal executive governmental body charged with breeding achievements shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property, and the federal executive governmental body charged with normative legal regulation in the area of agriculture respectively. The rules for the examination in the procedure set out in Item 2 of the present article of disputes relating to secret inventions shall be established by an authorised body (Item 2 of Article 1401).

Article 1249. Patent Fee and Other Fees

1. Relevant patent and other fees shall be charged for the committing of legally-significant actions relating to a patent to an invention, utility model, industrial design or breeding achievement, the state registration of a computer programme, database, integrated circuit layout-design, trademark and service mark, the state registration and granting of the exclusive right to the appellation of origin of goods, and also the state registration of transfer of exclusive rights to other persons and of contracts of disposing of such rights.

2. A list of the legally-significant actions which are related to a computer programme, database and integrated circuit layout-design, and for the committing of which state fees are levied, the rate, procedure and term of payment, and grounds for being relieved from the duty to pay, the state fees, rebate, payment deferment or refund shall be established by the legislation of the Russian Federation on taxes and fees.
A list of the other legally-significant actions, apart from those specified in Item 1 of the present article, for the commission of which patent and other fees are charged, the rates thereof, procedure and term for payment, and also grounds for being relieved from the duty to pay fees, rebate, deferment of payment or refund shall be established by the Government of the Russian Federation.

Article 1250. The Protection of Intellectual Rights

1. Intellectual rights shall be protected by the remedies envisaged by the present Code, with account taken of the essence of the right violated and of the consequences of the infringement of the right.

2. The remedies set out in the present Code for intellectual rights shall be applicable on the request of right holders, organisations managing rights on a collective basis, and also other persons in the cases established by a law.

3. The lack of fault of an infringer shall neither render him harmless in respect of the duty to stop infringement of intellectual rights nor preclude the imposition of the sanctions on the infringer to protect the rights. For instance, the publication of a court's decision on an infringement committed (Subitem 5 of Item 1 of Article 1252) and the stopping of the actions infringing on the exclusive right to the result of an intellectual activity or means of individualisation or creating the threat of infringement on the right shall take place irrespective of the infringer's fault and on the account of the infringer.

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