Все новости от 23 июля 2004 г.

Enforcement of IP rights

Enforcement of IP rights in Russia may be effected in a number of ways depending on the nature of infringement. The venues are common and commercial courts. Commercial courts settle economic disputes between legal entities. If a party to the conflict is an individual the proper venue is a common court. Compensation of damages and of lost profits is possible.

As a rule, lawsuits are to be initiated at the location or residence of the defendant though the parties may agree to settle their dispute elsewhere.

In case of a weak patent or trademark these may be invalidated through the administrative procedure in the Russia Patent Office.

In some cases the plaintiff may apply to the Antimonopoly Ministry, especially where there are no registered IP rights but where unfair competition provisions may be brought into play.

One of the appropriate opportunities is to file a petition with the Russian Customs Committee, which will not allow products containing unauthorized intellectual property enter the country.

As a prelude to enforcement of IP rights there can be undertaken monitoring of possible infringement of intellectual property belonging to a particular owner.