Search results - found 40
Rospatent re-launches fee-based expedited examination (International reports)
The Russian Patent and Trademark Office recently announced that expedited examination will be available for all trademark applications. Since 2012, patent law has allowed accelerated examination through the Patent Prosecution Highway system, but no expedited procedure has been in place for trademarks.
Tax risks of cross-border intellectual asset management (International reports)
Under government plans to combat tax evasion through financial transfers out of Russia to low-tax jurisdictions, the tax authorities have focused their attention on cross-border transactions, including those involving IP assets, as Russian companies often hide a substantial part of their profits from Russian taxation through royalty payments made to intellectual asset management centres outside Russia.
Inexorable XEROX (International reports)
The Moscow Appellate Court recently ruled on an action brought by Xerox Corporation against a Russian person who had registered an internet site under the name 'hpxerox.ru'. As well as finding that there was confusing similarity between the trademark and the domain name, the decision dealt with the issue of which court is competent to hear IP rights disputes.
What's in a name? The courts decide (International reports)
The IP Court has ordered the cancellation of a figurative trademark registration which used the name of Yury Gagarin, the first cosmonaut. However, the court reached the opposite conclusion in a similar case involving the name of a well-known pilot from the 1930s.
GASTARBEITER mark expands its presence in Russia (International reports)
The German word 'Gastarbeiter' ('guestworker') has been part of the Russian language for more than a decade, as guestworkers have come to the country in large numbers to take up job vacancies requiring moderate skills. The Patent Office recently dealt with an application to register the GASTARBEITER trademark in Classes 9 and 25, raising the issue of whether such application was in the public interest.
FAS threatens brand owners with prosecution for unfair competition (International reports)
Following Russia’s recent switch to a regional exhaustion regime, businesses are concerned that full or partial legalisation of parallel imports will lead to an increased volume of counterfeit goods entering the Russian market.
LinkedIn unlinked in Russia (International reports)
At present, LinkedIn is blocked in Russia. The case is one of the first to drive home the extent to which Russian authorities are ready to enforce the new data localisation provisions against brand owners, particularly against those which operate websites that are accessible in Russia without having a physical presence there.
New IP legislation friendlier for rights holders (International reports)
The first Russian IP laws were not adopted until 1992, but the IP legislation has come of age quickly. Forthcoming changes to the legislation are intended to make the regime friendlier for rights holders. The result is a comprehensive set of laws which complies with the requirements of international law and practice.
The perils of secrecy (International reports)
Trade secrets are a very specific form of IP right, as in order to assert a trade secret the rights holder can rely only on his or her word and the contract. Cases over know-how are rare. However, one recent case involved two entrepreneurs in St Petersburg.
Key features of utility model protection (International reports)
The utility model protection system has become a major market instrument used not only by true innovators, but also by patent trolls and competitors in an unfair manner. Recent changes to the relevant Russian legislation have created strong barriers to unfair use of the system, but at the cost of reducing its attractiveness.
Anti-piracy law breaks the ice (International reports)
In Summer 2013 the Duma adopted a law allowing a rights holder to block websites carrying unlicensed content. If the rights holder discovers such content on the Internet, it may submit a complaint to the court asking for an injunction and for the site to be blocked. Enough time has now passed since the adoption of the law to show that it works.
Obtaining information on patent applications (International reports)
The ability to retrieve accurate, precise and comprehensive information on patent applications is crucial. The Russian Patent and Trademark Office (Rospatent) both publishes original patent documents and maintains electronic databases with a search option. However, while it has made good progress in providing official patent publications, Rospatent has not yet optimised the information that is provided for search purposes.
“Roskomnadzor is informing”: state protocols for website blocking (International reports)
Roskomnadzor is the state executive body for supervising all media in Russia, including what can appear on the Internet. The main question among many online companies operating in Russia is why certain websites are being blocked.
Pre-judicial procedure to become mandatory (International reports)
A new bill seeking to introduce pre-judicial procedures before initiating a court action has been signed into law and will come into force on June 1 2016. In practice, rights holders have long found it useful to send a warning letter to the infringer when they discover that their rights have been infringed.
Anti-monopoly Service tackles health concerns (International reports)
The best-known involvement of the Anti-monopoly Service in IP rights is its ardent though unsuccessful support of the liberalisation of parallel imports. However, it is now targeting another issue: the requirement that imported drugs registered in Europe and the United States undergo clinical trials before they can be registered in Russia.
McDonald's wins right to play music (International reports)
Russian law protects the rights of performers and this policy is reflected in the activities of a number of collective rights management organisations. One such organisation, the All-Russian Society for Intellectual Property, recently failed in an action seeking fees from McDonald's for playing music in its restaurants.
New restrictions for VPNs and anonymisers in Russia (International reports)
A new federal law provides for the regulation of virtual private networks and other technologies that allow users to surf the Internet anonymously. However, it is unlikely that blocking anonymisers will successfully remove all illegal online content.
Key Russian PTO administrative cases of 2015 (International reports)
An analysis of Russian Patent and Trademark Office administrative cases in 2015 revealed five remarkable cases that affected Russian trademark enforcement practice. These decisions are of interest not only to IP specialists such as trademark attorneys and lawyers, but also to trademark owners.
Be brighter, put out the lighter (International reports)
Some years ago Russia passed a law obliging film providers to warn viewers before a film that the film includes scenes of smoking tobacco. In a recent case the IP Court considered whether showing an intertitle bearing such a warning was damaging to the film author's creative idea and right to the inviolability of the work.
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.
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