Complaints against Google not connected with intellectual property, case needs to return to arbitration - FAS
MOSCOW. Dec 14 (Interfax) - The Intellectual Property Court (IPC) does not have the jurisdiction to review Google's cessation appeal in the framework of the company's conflict with the Federal Antimonopoly Service (FAS), the FAS said.
On December 5, the Moscow Arbitration Court submitted Google Inc. and Google Ireland Limited's cessation appeal under the jurisdiction of the Intellectual Property Court.
By handing over the case to the Intellectual Property court, the court was proceeding on the basis of the necessity qualifying Google's agreement in terms of a licensing agreement or in terms of an agreement on the supply and distribution of goods, the FAS press office told Interfax.
At the same time, the decision and instruction of Russia's FAS were carried out on the basis of Google's abuse of its dominant position.
"Russia's FAS did not rule on issues of Google's exclusive rights on its intellectual property. The subject of the review of the case was exclusively the issue of Google's promotion of its applications and services using its market power and dominant position in relation to the App store Google Play," the FAS press office said.
Last week the agency appealed Google's cessation submission to the Intellectual Property Court. According to the case files, the appeals session should take place on December 21.
