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Consulting and representation in intellectual property disputes
Enforcement of Intellectual Property Rights
In case of violation of your rights, we provide legal support, defend your interests before the Chamber for Patent Disputes, in courts, at the Federal Antimonopoly Service, and involve law enforcement agencies. We employ civil, administrative, and criminal law methods to counteract infringers. Our specialists, after reviewing your specific situation, will help develop the optimal strategy for protecting your rights.
Repeated or substantial illegal use of a trademark constitutes a criminal offense. Therefore, it is possible to file a complaint with law enforcement authorities to initiate a criminal case under Article 180 of the Criminal Code. Criminal cases are usually brought against relatively large manufacturers or distributors of counterfeit products.
This involves contacting law enforcement bodies, which may conduct raids against infringers, seize counterfeit goods, and impose fines. This method is effective against counterfeit products distributed by small traders. Its advantage lies in the speed of response and the ability to reduce the economic viability of producing counterfeits by cutting off retail distribution channels. Regular raids and administrative fines discourage retail outlets from trading in goods subject to proper legal protection.
This method involves filing a lawsuit in court. The subject of the claim most often includes demands:
— to cease the infringement of rights;
— to recover losses or receive compensation.
In essence, the actions reduce to: CEASE and RECOVER.
A drawback of the civil law method is its low effectiveness when dealing with small companies that disappear by the time the court ruling is issued and soon reappear under different names. In some cases, collecting evidence to establish the turnover volume of counterfeit products and the amount of losses suffered by the trademark owner is difficult. However, the Civil Code provides the rights holder the option to demand compensation instead of damages, which may amount up to 5,000,000 rubles.
— to cease the infringement of rights;
— to recover losses or receive compensation.
In essence, the actions reduce to: CEASE and RECOVER.
A drawback of the civil law method is its low effectiveness when dealing with small companies that disappear by the time the court ruling is issued and soon reappear under different names. In some cases, collecting evidence to establish the turnover volume of counterfeit products and the amount of losses suffered by the trademark owner is difficult. However, the Civil Code provides the rights holder the option to demand compensation instead of damages, which may amount up to 5,000,000 rubles.
Criminal Law Method
Civil Law Method
Administrative Law Method
From a legal standpoint, there are three main methods to counter infringers:
FAQ
How can intellectual property rights be protected through the Federal Antimonopoly Service (FAS)?
Another possibility to exert pressure on an infringer is based on the competition aspect of the violation. The Federal Law "On Protection of Competition" explicitly recognizes the illegal use of individualization means of a legal entity as an act of unfair competition. Therefore, you can confidently file a complaint with FAS regarding trademark infringement. If the officials agree that unfair competition has occurred, the territorial FAS office will issue an order to the infringer to cease the violation and pay a fine.
The attractiveness of this measure lies in its ability to be used simultaneously with court proceedings. It is quite possible that FAS orders and fines will prompt the infringer to reconsider and cease violating your rights even during the judicial review.
The attractiveness of this measure lies in its ability to be used simultaneously with court proceedings. It is quite possible that FAS orders and fines will prompt the infringer to reconsider and cease violating your rights even during the judicial review.
Can intellectual property rights be protected by customs authorities?
An effective tool to reduce counterfeit product flows is the registration of trademarks in the Register of the Federal Customs Service. The Register includes the rights holder’s trademarks and the names of official distributors authorized to import goods under these marks. Customs officers have the right to detain goods imported by unregistered persons bearing trademarks registered in the Register. After detention, customs notify the rights holder to either authorize the import or declare it illegal. In cases of illegal import, customs initiate administrative proceedings concerning the importation of counterfeit goods.