Dmitry Uryakin has commented on the decision of the Supreme Court regarding the commercial court exceeding its powers in the consideration of a dispute

The Intellectual Property Court dismissed a case challenging a license agreement, as the court considered that a part of the evidence did not pass its assessment. The Supreme Court corrected the Intellectual Property Court, ruling that the court had no authority to reassess the evidence.

In an article for Advokatskaya Gazeta, Dmitry Uryakin noted that the Armed Forces had previously overturned the decisions of the courts that allowed them to go beyond the limits of the powers granted by law. Dmitry disagreed with this position in relation to the dispute in question. According to Dmitry, the Intellectual Property Court, as motives for the annulment of the court decisions and referring the case to be reconsidered, indicated that the claimant’s arguments and the evidence presented to him did not receive an assessment at all by the lower courts and were essentially ignored by them. The lawyer also emphasised that the Intellectual Property Court drew attention to the fact that lower courts unreasonably ignored the claimant’s request and did not order an assessment of the market value of the rights granted under the contract, given that the case file contained two contradictory reports.

“The Intellectual Property Court justifiably viewed a breach of procedural law as having taken place. Under such circumstances, the Intellectual Property Court did not independently evaluate (and did not overestimate) the evidence, but merely drew the attention of lower courts to the fact that every evidence available in the case file should receive a court assessment. In this regard, I do not believe that the Intellectual Property Court considered the case on its merits and, as a result, went beyond the powers granted to it by law”, concluded Dmitry.

To read the full article (in Russian), please see the Advokatskaya Gazeta website.