Creating a unified Eurasian jurisdiction is necessary for the development of a regional patenting system in Eurasia
EAPO President Grigory Ivliev took part in the 13th International Legal Forum ‘Legal Protection of Intellectual Property: Problems of Theory and Practice’.
In 2024, the EAPO was involved in 19 legal proceedings concerning disputes on the patentability of inventions, on the grant of compulsory licenses, and on infringement of exclusive rights to industrial designs. The cases were heard in Russia and Kazakhstan. Eurasian patents for inventions were upheld in seven out of nine cases.
“The judgment in the dispute on the invalidation of the Eurasian patent in part was adopted also thanks to the EAPO because it participates at all stages of the proceedings and, when necessary, initiates the review of judgments in higher courts. In the recent case, the cassation court recognized the Eurasian patent as partially invalid, while the first court instance recognized the patent as invalid in full,” Ivliev said.
Grigory Ivliev noted that it is difficult to ensure the implementation of regional law norms governing the patentability of inventions due to differences in national jurisdictions. Therefore, it is necessary to create a unitary Eurasian jurisdiction, i.e., the Eurasian Patent Court.
“It would function as ad hoc courts comprising judges from different EAPO member states included in the Register of Eurasian Judges. In this case the states will have to conclude a special international treaty,” Ivliev noted.
It is appropriate to establish a separate arbitration for private disputes. The Eurasian Arbitration Centre for Intellectual Property Disputes will determine the structure of such arbitration for each specific dispute. It will consist of a national from one of the EAPC Contracting States, an international arbitrator and an independent chairman.
The Head of Rospatent Yury Zubov and the Head of the Intellectual Property Office of the Ministry of Economy of the Republic of Armenia Kristine Hambaryan, also spoke at the forum. Kristine Hambaryan provided information on the legal regulation of copyright in Armenia.
