Region: Russian Federation

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.

07 December 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.

02 November 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. 

12 October 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.

07 September 2016

Pharma patent owners can breathe a sigh of relief

In 2015 the government considered a draft bill on compulsory licensing of patented medicines, which would permit pharmaceuticals to be manufactured without the patent owner's approval if the patent owner does not sell them in Russia or if their price is prohibitively high. Some months later, the government dismissed the proposal, with experts concluding that compulsory licensing would do more harm than good.

25 May 2016

Russian research exemption: practical issues and correlation with data exclusivity provision

Featured in IAM Life Sciences 2016

Russian judicial practice generally reflects the perception that intellectual property is a legitimate monopoly (eg, Constitutional Court Ruling 171-О of April 22 2004). However, every rule has its exceptions. Hence, Article 1229(1) of the Civil…

24 May 2016

Key Russian PTO administrative cases of 2015

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.

20 April 2016

Representing non-traditional trademarks in applications

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.

30 March 2016

Pre-judicial procedure to become mandatory

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.

16 March 2016

Key features of utility model protection

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.

24 February 2016

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