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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.

02 November 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.

07 September 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.

20 April 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.

06 May 2015

Is a licence valid without registration?

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.

18 February 2015

Tackling parallel imports

A Russian court recently awarded the highest-ever compensation for infringement caused by parallel imports. It is hoped that the size of the compensation award will serve as a powerful deterrent to would-be parallel importers. Meanwhile, a working committee set up by the Eurasian Economic Union to examine the issue of parallel imports has so far failed to reach any conclusions.

04 February 2015

What's in a name? The courts decide

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.

12 November 2014

McDonald's wins right to play music

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.

24 September 2014

Inexorable XEROX

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.