Russia

Intellectual property in a broad sense does not include only registration, maintenance and disposal of IP but also endless tug-of-war in courts and the patent office.

Eurasian Patent Organization debuts amended patent regulations

29 February 2024

Starting from January 1, 2024, the Eurasian system of inventions and industrial designs patent protection are guided by amended Patent Regulations, approved by the decision of the Administrative Council of the Eurasian Patent Organization (EAPO), adopted at the 43rd (30th regular) meeting of December 5-7, 2023.

Unitary effect and European validations in view of national prior rights

31 January 2024

It has now been over six months since the doors of the Unified Patent Court (UPC) opened, bringing numerous changes for European patent applicants and recent patentees.

Compensation: A useful alternative to damages

28 June 2024

Russian law always provided that infringement of rights for patents and trademarks entailed punishment in the form of damages.

What does an applicant need to do before a successful trademark registration in Russia?

The procedure for registering a trademark in Russia begins with Rospatent. After filing, the application goes through the stages of formal examination and examination of the declared designation.

Distribution and franchising in Russia

For the purposes of dynamic development of any large and ambitious company, entering a new market is always extremely vital.

Law on guard of intellectual property

IP law is always in the focus of attention of the legislature. Enforcement is an inseparable part of the law. Currently, enforcement measures are included in several laws. The civil code contains a number of provisions covering all subject matters that allow IP owners to sue infringers within the framework of civil court cases. Those provisions provide that an IP owner may claim damages, lost profit or compensation.

State registration of disposal of exclusive rights under a contract

The turnover of exclusive rights becomes almost commensurate with the turnover of material things, which inevitably gives rise to controversial issues. Thus, by virtue of Paragraph 1 of Article 1233 of the Civil Code of the Russian Federation, “the copyright holder may dispose of his exclusive right to the result of intellectual activity or to a means of individualization in any way that does not contradict the law and the essence of such an exclusive right, including by alienation under an agreement to another person or granting another person the right to use the corresponding result of intellectual activity within the limits (licensing agreement).”

Jurisdiction of the IP Court over disputes of unfair competition

In accordance with Paragraph 9 of Article 4 of the Federal Law of July 26, 2006, N 135-FZ “On the Protection of Competition”, unfair competition means any actions of business entities (groups of persons) that are aimed at obtaining advantages in carrying out business activities, contradict the legislation of the Russian Federation, business customs, the requirements of integrity, reasonableness and fairness and have caused or may cause losses to other business entities or competitors or have caused or may cause harm to their business reputation.

Better late than never

Intellectual property in a broad sense does not include only registration, maintenance and disposal of IP but also endless tug-of-war in courts and the patent office.

Eurasian Patent Organization debuts amended patent regulations

29 February 2024

Starting from January 1, 2024, the Eurasian system of inventions and industrial designs patent protection are guided by amended Patent Regulations, approved by the decision of the Administrative Council of the Eurasian Patent Organization (EAPO), adopted at the 43rd (30th regular) meeting of December 5-7, 2023.

Unitary effect and European validations in view of national prior rights

31 January 2024

It has now been over six months since the doors of the Unified Patent Court (UPC) opened, bringing numerous changes for European patent applicants and recent patentees.

Compensation: A useful alternative to damages

28 June 2024

Russian law always provided that infringement of rights for patents and trademarks entailed punishment in the form of damages.

What does an applicant need to do before a successful trademark registration in Russia?

The procedure for registering a trademark in Russia begins with Rospatent. After filing, the application goes through the stages of formal examination and examination of the declared designation.

Distribution and franchising in Russia

For the purposes of dynamic development of any large and ambitious company, entering a new market is always extremely vital.

Law on guard of intellectual property

IP law is always in the focus of attention of the legislature. Enforcement is an inseparable part of the law. Currently, enforcement measures are included in several laws. The civil code contains a number of provisions covering all subject matters that allow IP owners to sue infringers within the framework of civil court cases. Those provisions provide that an IP owner may claim damages, lost profit or compensation.

State registration of disposal of exclusive rights under a contract

The turnover of exclusive rights becomes almost commensurate with the turnover of material things, which inevitably gives rise to controversial issues. Thus, by virtue of Paragraph 1 of Article 1233 of the Civil Code of the Russian Federation, “the copyright holder may dispose of his exclusive right to the result of intellectual activity or to a means of individualization in any way that does not contradict the law and the essence of such an exclusive right, including by alienation under an agreement to another person or granting another person the right to use the corresponding result of intellectual activity within the limits (licensing agreement).”

Jurisdiction of the IP Court over disputes of unfair competition

In accordance with Paragraph 9 of Article 4 of the Federal Law of July 26, 2006, N 135-FZ “On the Protection of Competition”, unfair competition means any actions of business entities (groups of persons) that are aimed at obtaining advantages in carrying out business activities, contradict the legislation of the Russian Federation, business customs, the requirements of integrity, reasonableness and fairness and have caused or may cause losses to other business entities or competitors or have caused or may cause harm to their business reputation.

Better late than never