Enforcement of IP Rights
in Russia
October 1, 2008,
ABA-CLE
Vladimir Biriulin
Partner
Gorodissky & Partners
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Enforcement in Russia.
Is it (In)Adequate?
• IP laws introduced first in 1992
• No infringement at first
• No experience of the law enforcement bodies
• Situation improving by 2000
• Adequate enforcement after 2000
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Availability of Justice
(1-st instance court)
• USA – $1,000,000
• Europe – € 100,000
• Russia – $10,000
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IP Infringement
• The use of any IP without approval of the
rights owner is infringement
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e.g. TM Infringement:
The use of a trademark or a confusingly similar
designation on the goods, labels, packages.
Manufacture, offer for sale, sale, display at
exhibitions, storing, transporting for that purpose,
import into Russia Federation.
Also the use of a TM while performing jobs,
providing services, on the documents intended for
the commercial use of the goods.
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Infringement:
The use in the Internet, particularly in a domain
name or other forms of address.
• The goods, labels, packages of those goods on
which the trademark or a confusingly similar sign
is used are regarded as counterfeits.
• Accordingly, the unlawful use of a trademark
entails civil, administrative or criminal
responsibility (same for any other |IP)
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Goodwill infringement
- 25% approximately
- C/D letter recommended
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Administrative procedure
Cheap and easy
On the basis of :
Administrative Code
Customs Code
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Administrative procedure
(police)
Raid to the spot by the police
Drafting a report
Forwarding report to court
Fine, destruction of the infringing
goods
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Administrative procedure
(Customs)
Suspension of release of goods
Drafting a report
Forwarding report to court
Fine, destruction of the infringing
goods
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Civil procedure
Arbitration (Commercial) courts
(88 RF subjects)
Common Courts
(several in each city)
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BORJOMI v. БОРЖОМЪ
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Criminal Prosecution
- Significant damage:
- Copyright - less than $2,000
Trademarks - less than $9,000
Patents - discretion of court
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COURTS HIERARCHY
ARBITRATION COURTS COMMON COURTS
SUPREME ARBITRATION COURT SUPREME COURT
CASSATION COURT
CASSATION COURTS REGIONAL COURTS
APPEAL COURT DISTRICT COURTS
FIRST INSTANCE COURT MAGISTRACY
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PRELIMINARY INJUNCTION
• SEIZURE OF PROPERTY (e.g. COUNTERFEITS) OR MONETARY FUNDS
• BAN ON PERFORMING CERTAIN ACTIONS OR ACTIVITES
• ORDERING TO PERFORM CERTAIN ACTIONS
• TRANSFER OF DISPUTED PROPERTY TO PLAINTIFF
• OTHER
*Possible either before or after filing a case
IMPORTANT: DEFENDANT MAY CLAIM DAMAGES
CAUSED BY PRELIMINARY INJUNCTION
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Collecting evidence
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Thank you
e-mail
biriulinV@gorodissky.ru
www.gorodissky.com
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