Article 1406. Disputes Relating to the Protection of Patent Rights

1. Disputes relating to the protection of patent rights shall be considered by the court. Such disputes include, without limitation, disputes: 1) on the authorship of an invention, utility model or industrial design; 2) on the establishment of the patent holder; 3) on a breach of the exclusive right to an invention, utility model or industrial design; 4) on the conclusion, performance, amendment and termination of contracts of assignment of an exclusive right (alienation of a patent) and licence contracts for the use of an invention, utility model or industrial design; 5) on a right of prior use; 6) on a right of after-use; 7) on the amount of, term and procedure for paying out, a fee to the author of an invention, utility model or industrial design in accordance with the present Code; 8) on the amount of, term and procedure for paying out, the compensations envisaged by the present Code.

2. In the cases specified in Articles 1387, 1390, 1391, 1398, 1401 and 1404 of the present Code the protection of patent rights is carried out on administrative lines in accordance with Items 2 and 3 of Article 1248 of the present Code.

Article 1407. The Publication of a Court's Decision on an Infringement of a Patent In accordance with Subitem 5 of Item 1 of Article 1252 of the present Code a patent holder is entitled to demand that a court's decision on the illegal use of an invention, utility model or industrial design or another infringement of his/its rights in the gazette of the federal executive governmental body charged with intellectual property matters.