AIPLA Mid-Winter greetings from San Diego
What were the main topics at the recent AIPLA Mid-Winter conference? Find out in a blog written by our Riikka Palmos.
In early March this year the Kirov Court in Russia (case No: 2.3.2022- A28-11930/2021) rejected a trademark and copyright infringement action and claim for damages raised by Entertainment One UK Limited.
The grounds were that as Britain had imposed sanctions on Russia, seeking damages for the infringements and infringement action itself would be “abuse of rights” and “dishonest conduct”. This decision was then appealed, and on 21 June 2022 the Appeal Court issued a decision overturning the decision of the Kirov Court in Russia.
The grounds for the decision are straightforward. The Appeal Court stated that in accordance with the Berne Agreement and the Madrid Convention, equal protection of intellectual property of foreign organizations, including those registered in the UK, must be guaranteed in the Russian Federation. Further, the Appeal Court stated that in itself, the filing of a claim cannot be recognized as abuse of rights or dishonest conduct according to the Civil Code of the Russian Federation.
The decision of the Appeal Court is more than fair and is certainly a relief, especially taking into account the current unstable situation where sanctions against Russia and counteractions of Russia against unfriendly countries are being imposed. The current decision shows that the judicial system is working properly and the IP right holders can still trust the Russian court system.
There have recently been a lot of uncertainty and rumors about Russia nationalizing the IP rights of foreign companies. Therefore, the decision is a very welcome one and positive news for IP right holders in Russia.
The attack of Russia to Ukraine in February has also affected the IP field. Sanctions imposed against Russia and the counteractions of Russia against unfriendly countries have raised uncertainty and concern among IP right holders. Read more in an article by our IP experts Riikka Palmos and Annikki Hämäläinen.