Russian Federation

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6 Aug 2019

Patent extension in Russia

Since 2003 it has been possible to extend the duration or term of a Russian patent for a drug, pesticide or agricultural chemical by up to five years. It used to be possible to extend patent claims related to a substance, antibody or pharmaceutical formulation. However, in 2015 the regulations were tightened. Knowing how to achieve the maximum scope of protection provided by an additional patent is key. Read more

10 Jul 2019

Influencer marketing in Russia: legal traps and pitfalls

According to a recent report, almost half of all Russian millennials use blogs and social media to learn about luxury brands. However, influencer marketing has raised many questions among brand owners, as well as legal concerns, since Russian laws support a broad interpretation of advertising and discourage indirect advertisements. Read more

3 Jul 2019

Mobile customs groups: from combating sanctioned food to fighting counterfeits

A specialised customs division created to detect and destroy sanctioned foodstuffs following President Vladimir Putin’s prohibition on the import of certain products is now being used to detect other illegal products, such as counterfeit goods and drugs. Read more

15 May 2019

Domain name disputes in Russia – new developments

Disputes over domain names owned by non-Russians have long posed a legal and financial challenge for rights holders in Russia. However, a 2018 IP Court ruling transformed the legal landscape when it ordered a domain registrar to terminate an infringing domain name. Further, the Ninth Arbitration Court of Appeal has set an interesting precedent by holding a registrar liable as an information intermediary. Read more

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Finance

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12 Oct 2016

Tax aspects of pricing in IP transactions

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.  Read more

Litigation

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25 May 2018

Trends in pharma patent litigation in Russia

During recent years the number of patent infringement cases in the pharmaceutical field has increased significantly. Read more

2 Nov 2016

Authenticity of evidence questioned in patent cancellation proceedings

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. Read more

7 Sep 2016

Be brighter, put out the lighter

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. Read more

Trademarks

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26 Apr 2017

Russia signs up to international design registration at long last

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. Read more

8 Feb 2017

Parallel imports sneak into Russia through procedural loophole

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. Read more

7 Dec 2016

LinkedIn unlinked in Russia

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. Read more

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