Search results - found 46
Is a licence valid without registration? (International reports)
A recent decision demonstrates that parties should be attentive when concluding agreements in advance of obtaining protection. Such agreements should include a provision to the effect that after grant of the patent, the parties will sign a regular patent licence. This will protect them from unforeseen consequences.
Government increases official fees charged by Rospatent (International reports)
Rospatent's administrative fees were recently increased by Decree 1151. Some of the new fees for patent and trademark registration, maintenance and renewal are one and a half to two times higher than those set previously.
Russia signs up to international design registration at long last (International reports)
President Putin has signed a law ratifying the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs. The agreement is designed to facilitate the protection of industrial designs in multiple countries or regions by allowing applicants to file a single application in a single language.
Tax aspects of pricing in IP transactions (International reports)
Price is an important element of all contracts and IP transactions are no exception. Due to the unique character of most transferable IP assets, it is vital to define the contractual price clearly as, in case of disagreement, it is difficult to apply civil mechanisms to determine it.
Has Russia finally stopped online piracy? (International reports)
The new Law on Mirror Websites was recently adopted by the State Duma. The law obliges search engines such as Google or Yandex, on receiving a request from Roskomnadzor, to withhold information about the domain name of an infringing website and any references to mirror websites of permanently blocked websites.
Authenticity of evidence questioned in patent cancellation proceedings (International reports)
The IP court recently ordered the patent office to reinstate the validity of a patent which had been ordered to be cancelled by the Chamber of Patent Disputes in contravention of the law. The chamber had based its decision on an uncertified copy of the relevant document.
Parallel imports sneak into Russia through procedural loophole (International reports)
Until recently, while customs officials did not seize parallel imports, they did detain them for at least 10 days which was enough time for the brand owner to file an infringement action and request a preliminary injunction in the Commercial Court. However, the new 30-day pre-litigation rule means it is no longer possible to freeze parallel imports at the border.
Intellectual property goes to market (International reports)
Russian law provides various ways of commercialising intellectual property. The owner of a patent or trademark may assign it or grant a licence, and franchising is also becoming more popular. Further, in December 2013 the second Russian IP auction was held, resulting in deals of more than Rb60 million.
Grey imports in disguise (International reports)
The issue of parallel imports has undergone many turns, retreats and advances over the years. The courts issued divergent judgments and interested parties have engaged in heated arguments for and against parallel imports. At last, the courts have reached a logical conclusion: rights holders must have full control over the use of their trademarks in Russia.
Parallel importation: Constitutional Court narrows scope of protection (International reports)
The Constitutional Court has clarified Russia’s stance on national and regional exhaustion of rights. While it seems that infringement by reason of parallel importation is a constitutionally sound cause of action, it can now be asserted only in limited cases with remedies that are inconsequential.
Russian regulators provide clarity on cryptocurrency and crowdfunding (International reports)
The Russian market is investing rapidly in blockchain technology and fintech, with regulators largely having been forced to catch up. Accordingly, two draft bills regulating digital financial assets and alternative means of investment generation (crowdfunding) have been developed.
Representing non-traditional trademarks in applications (International reports)
Russian trademark legislation does not exclude the registration of non-traditional marks. The law recently underwent some changes which removed certain legislative gaps with respect to trademark filing requirements which limited applicants’ ability to secure protection for some kinds of non-traditional mark.
New proposed Eurasian trademark system (International reports)
At a recent International Trade Association in Russia roundtable event on parallel imports and IP rights, Deputy Head of the Eurasian Economic Commission Sergei Shurygin confirmed that the Eurasian Economic Union intends to move forward with plans to introduce a new Eurasian regional trademark.
Demand letters in IP litigation: when are they mandatory? (International reports)
A year after the pre-trial serving of a would-be defendant with a demand letter became mandatory in Russia, the procedure is facing further changes in relation to IP disputes. A new federal law clarified the range of IP disputes where sending a demand letter to the potential defendant is a mandatory pre-trial procedure.
New law regulating video-on-demand services (International reports)
The controversial draft law on online cinemas recently came into force. The law amends the existing federal law on information, information technologies and protection of information and is directed at video-on-demand services.
Life gets harder for collective rights management organisations (International reports)
Collective rights management organisations wield considerable power: they make claims for the unauthorised performance of music, collect remuneration for the public performance and pay that remuneration to the relevant performer. This business model worked smoothly until recently, when the High Commercial Court issued a ruling that complicates this process.
Changes herald a happy and prosperous new year for rights holders (International reports)
This has been a memorable year in the IP field as it witnessed significant reform of the Russian IP legislation. Changes of this calibre do not happen often. The 2014 revision amended hundreds of provisions in order to make the law more business friendly, including streamlining IP deals and simplifying design law.
Russia’s enduring love for fake luxury (International reports)
Over $43 billion-worth of counterfeit goods are sold in Russia each year and this figure is escalating. The Internet and social media have transformed this sector by offering greater anonymity and less risk of prosecution for buyers and sellers alike.
Lady in Blue: an unlikely sidekick for IP protection (International reports)
The State Hermitage Museum initiated a case against a Russian fashion designer alleging that the designer had used the painting Lady in Blue, by English painter Thomas Gainsborough, for commercial purposes. Although the courts eventually upheld the plaintiff's claim, doubts remain over the outcome of the court procedure.
IP regime to see major changes in 2014 (International reports)
The new year holds much promise for rights holders and business in Russia. The IP Court will acquire even more importance with the merging of the Supreme Commercial Court into the Supreme Court, and the expansion of the Customs Union will have a major impact on the Russian IP landscape.
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