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Enforcement

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									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




                                  6
            IP Infringement
• The use of any IP without approval of the
  rights owner is infringement




                                              7
         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.


                                                         8
                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)


                                                      9
       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


                                   12
      Administrative procedure
             (police)


Raid to the spot by the police
Drafting a report
Forwarding report to court
Fine, destruction of the infringing
 goods
                                      13
      Administrative procedure
            (Customs)


Suspension of release of goods
Drafting a report
Forwarding report to court
Fine, destruction of the infringing
 goods
                                      14
            Civil procedure
Arbitration (Commercial) courts
(88 RF subjects)
Common Courts
(several in each city)




                                  15
BORJOMI v. БОРЖОМЪ




                     16
      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

                                                              22
                                                              22
Collecting evidence




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      Thank you


         e-mail
biriulinV@gorodissky.ru

 www.gorodissky.com
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