Russia is a country of continental European legal system.
Court precedents have no direct power of legal norms, but higher court acts are considered to be an important and influential landmark in the application of certain provisions of the law in disputes.
In accordance with Article 15 of the Constitution of the Russian Federation, the generally recognized principles and norms of international law and the international treaties of the Russian Federation shall be a component part of its legal system; if the international treaty establishes rules that contradict those provided for by domestic law, the rules of the international treaty shall prevail.
Currently, Russia is a party to most international agreements covering intellectual property issues.
Domestic Russian intellectual property law is governed by Part 4 of the Civil Code, which came into force in 2008. In addition, in 2012, an active discussion of major changes to the Civil Code of the Russian Federation, including its 4th part, was started. The adoption of these changes is expected in 2013.
In Russian law enshrines the principle of «national exhaustion of rights» to the trademark.
As expected, a specialized court for intellectual property rights will start working in Russia in February 2013. This is the first court with special competence in the system of Russian arbitration courts.
The existence of a common customs space within the Customs Union of Russia, Belarus and Kazakhstan imposes its specificity for legal practice. Thus, in the Kazakh legislation, unlike Russian, embodied is the international principle of exhaustion of rights. Experts see the solution in the gradual evolution of the contradictions in the direction of the principle of regional exhaustion.
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