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At-a-glance: Rospatent 30-1 Berezhkovskaya nab., Moscow G-59, GSP-5, 123995, Russian Federation Tel: +7 499 240-60-15 Fax: +7 499 243-33-37 Email: rospatent@rupto.ru Website: www.rupto.ru Russian intellectual property is an exciting place to... [more]

Russian intellectual property is an exciting place to be at present, with industry developments and changes to the law coming thick, if not always fast.

The market itself is in fairly robust health, relative to other jurisdictions, with a big push on the prosecution side. "As a BRIC country, there is international interest in filings on both sides," says one attorney.

Contentious trade mark work is also buoyant, as one lawyer explains: "One reason for more trade mark cases is the bundles of cases on parallel imports. There was a hesitance before for foreign companies to litigate as the case law was ambiguous."

Legal changes are also on the horizon, though practitioners do advise patience as the legislative process of the Duma can be rather slow.

"There will be substantial amendments to the civil code which will affect copyright mainly, but this is for later in 2013," comments a partner, while others remark upon a change made years ago but which still continues to frustrate some practitioners: "The customs union is theoretically good – it puts a bigger fence around us. The trouble is it has gaps you could drive a truck through. This needs to be rectified, as in some ways it's worse than before," says a lawyer.

One trend picked up by one contentious partner could have implications for patent clients: "I wanted to mention that, as I see it, there is a negative trend for innovative pharma companies in the courts and market. There is an inclination to agree with the invalidation of patents." When pressed on the reasoning for this, the partner put it down to "a developed generic pharma market and a tendency on the political side".

But, of course, the biggest talking point is still Russia's new IP court, which should be accepting cases this year.

"The new court will be operational in February 2013. It is on schedule. The hiring of the 40 judges was completed, filled with judges from Moscow and St Petersburg," says one attorney, though others are not so sure: "It should be going by February 2013, though there are rumours it might be delayed."

This uncertainty surrounding the court is affecting client behaviour too, as one practitioner explains: "It's interesting, as some companies are stalling on their infringement or invalidity to wait for the court to go up."

The court building will eventually be located at Skolkovo, in the outskirts of Moscow, but for now will be in temporary accommodation in the centre. Ambiguity reigns however, with some presuming it will stay in town; others hope that it will.

"Remember, nothing is more permanent than the temporary," sums up one literary-minded lawyer, quoting from American poet AR Stalling's After a Greek Proverb.