Presidium of IP Court Upholds Position of Sojuzpatent’s Client - Consorzio Tutela Vini Emilia (Italy)

18 January 2019

In the landmark EMILIA case, the Presidium of the Court for Intellectual Property Rights rejected the RUPTO’s cassation claim and upheld the same Court’s decision in favor of Sojuzpatent’s client Consorzio Tutela Vini Emilia, an Italian wine producers association.  Initially, Sojuzpatent’s team representing Consorzio Tutela Vini Emilia (Italy) successfully challenged in the IP Court the RUPTO’s decision dated December 22, 2017, to refuse the registration of the client’s appellation of origin “EMILIA”. On January 18, 2019, the RUPTO failed to oppose the said IP Court decision in the Presidium of the IP Court. The Presidium of the IP Court adjudicated the RUPTO’s decision refusing registration as contradicting Article 1517 of the Civil Code of the Russian Federation and obligated the Russian PTO to reconsider the opposition re the RUPTO’s refusal to register “EMILIA” as an appellation of origin, taking into account the IP Court’s decision.