International Patent Office "Avtorstvo"

Marksa prospect, 57, office 16, Novosibirsk, RUSSIA
Tel.: +7 (383)354-14-88, +7-906-907-32-77-russian,
+7-905-934-95-28-english
info@avtorstvo.info, patent-nsk@yandex.ru

 

According to the law of the Russian Federation, disputes connected with defense of patent rights are reviewed in the court. These disputes particularly are:

1) disputes of exclusive right infringement of invention, useful model or industrial design;

2) disputes of conclusion, execution, modification and termination of contracts of exclusive right assignment (expropriation of patent) and license agreements of usage of invention, useful model, industrial design;

3) disputes of size, term and procedure of payment of remuneration

and others

 

According to Russian legislation, in case of exclusive right infringement of invention, useful model or industrial design author or another rightholder has the right to claim damages from the infringer at his own option:

1) in the amount of from ten thousand rubles to five million rubles determined at the discretion of the court;

2) in double amount of the value of the right of the use

 

We always follow all    legislation amendments and we are ready to help you in the defense of your rights.

Liability for illegal use of trademarks in the RF.

1. Civil liability.

Goods, labels, and packaging of goods on which a trademark is fixed illegally shall be deemed counterfeits.

The rightholder has the right to demand of removing from civil circulation and destroying at the expense of an infringer of counterfeit goods, labels, and packaging of the goods.

The rightholder has the right to demand at his option from the infringer:

1) in the amount of from ten thousand rubles to five million rubles determined at the discretion of the court based on the nature of the infringement;

2) in double amount of the value of the goods on which the trademark is illegally fixed or in double amount of the value of the rights of the use of the trademark determined starting from the price that in comparable circumstances is usually taken for lawful use of the trademark.

2. Administrative liability.

Under authority of Russian laws illegal use of trademark shall entail the imposition of an administrative fine

on legal entities in the amount of from fifty thousand to two hundred thousand rubles accompanied by confiscation of the articles bearing an unlawful reproduction of a trade mark, service mark or the name of a commodity's place of origin.

3. Criminal liability

Illegal use of a trademark, if this deed has been committed repeatedly or has caused substantial damage,

shall entail the imposition of a fine in the amount of from one hundred thousand to three hundred thousand rubles or by corrective labour for a term of up to two years.

The actions committed by a group of persons by a preliminary collusion or by an organised group shall be punishable by a fine in the amount of from five hundred thousand to one million rubles or imprisonment for a term of up to six years with the fine in the amount of up to five hundred thousand rubles.

 

If you need a professional consultation of any questions of intellectual property defense in the Russian Federation, please feel free to contact us by e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.. We will analyze your situation and will offer you the most effective way of the defense.