IP enforcement
One of our company's prime objectives is to provide high quality IP enforcement services. Our attorneys utilize their extensive knowledge and experience in the management of litigation in commercial courts and in courts of general jurisdiction. We also enforce our client's rights in criminal and administrative proceedings, including resolution of disputes through the Chamber for Patent Disputes and Federal Anti-Trust Service.
Our experience evidences that every conflict in the field of IP has its individual peculiarities and several possible ways of resolution. At the first stage it is important to analyze the general situation in adequate manner and to choose potentially effective ways of IP rights enforcement. It is well-known that disputes over patent rights to inventions, designs, and utility models, disputes over trademarks, trade names and copyright can be settled in the framework of administrative, civil and criminal process. One of the main recipes for success is the proper preliminary evaluation of all the pluses and minuses of one or another solution.
Court prosecution
IP infringement cases are handled by commercial (“arbitrazh”) courts, courts of general jurisdiction and arbitration tribunals.
Commercial (arbitrazh”) courts have jurisdiction in the matters particularly relating to commercial activity and transactions. Consequently legal entities and/or officially registered “individual businessmen running their business without incorporation of a legal entity” (the so-called “PBOUL's”) can be parties in the “arbitrazh” process.
Courts of general jurisdiction are competent to hear and decide the civil cases involving an individual as one of the parties. In addition, courts of general jurisdiction handle criminal prosecution involving IP rights violation and IP-related felonies.
Arbitration courts (similar to commercial courts and courts of general jurisdiction) initiate proceedings based on prior filing of a complaint by the claimant, although the competence of arbitration courts is limited to the cases when the parties have expressly agreed to resolve a dispute through such arbitration court.
In accordance with Articles 146, 147, 180 of the Russian Penal Code, authorship misappropriation (plagiarism) and other IP infringement which caused substantial damage or was committed repeatedly by a group of persons by a preliminary collusion or by an organized criminal group, are punishable under Criminal Law, with application of criminal sanctions.
Apart from the judicial way, some cases are referred to administrative bodies.
Administrative proceedings.
Chamber for Patent Disputes hears and decides the following oppositions, complaints and declarations:
- appeals against Examiner's refusal to grant a patent (e.g. patents for inventions, utility models or designs),
- appeals against Examiner's decisions declaring patent applications withdrawn,
- oppositions against grant of patents for inventions, utility models or industrial designs,
- oppositions against the effect of prior USSR Certificates of Authorship or USSR patents for inventions and industrial designs, Eurasian patents issued in accordance with the Eurasian Patent Convention of 9 September, 1994,
- appeals against Examiner's rejections related to trademark applications and applications for appellations of origin, pronounced at the stage of Formal Examination,
- appeals of Examiner's rejections related to trademark applications and applications for appellations of origin, pronounced at the stage of Examination-on-grounds, appeals of Notices of Final Refusal of Protection issued in accordance with the Madrid Agreement and Protocol concerning the International Registration of Marks,
- appeals against Examiner's decisions declaring trademark applications or applications for appellations of origin withdrawn,
- oppositions against third parties' trademarks, appellations of origin and International Registrations designating Russia ,
- oppositions against registration of trademarks in the name of Registration in the name of the agent or representative of the proprietor without the latter's authorization under Article 6-septies of the Paris Convention,
- requests to recognize a trademark a “Well-Known Mark” in the Russian Federation ,
- demands for early cancellation of trademarks in case they have become wide spread/customary designations of particular goods,
- demands for early cancellation of trademarks, including International registrations in case of continuous non-use for 3 years after registration,
- demands for cancellation of appellations of origin registration,
- appeals against declaring a trademark to be a “Well-Known Mark” in the Russian Federation .
Anti-Trust authorities handle unfair competition cases, particularly based on the Competition Protection Act, Article 14, prohibiting unfair competition related to misappropriation and unauthorized use of companies' goodwill and means of products/services individualization. Our attorneys have positive experience in handling all types of litigation and trial work. We would be pleased to assist you in successful resolving of IP disputes.
