Warning letters to potential infringers now required in Russia before court actions

Recent changes in the Russian legislation provide for a 30-day period for pre-trial settlement in IP infringement cases. The changes mean that prior to filing a court action with the local Arbitrazh (i.e. Commercial) court, the claimant has to send to an alleged infringer of IP rights a letter requesting to stop all infringing activities and give a chance to settle the case out of the court. In practice, the claimant will have to first send a cease & desist letter to the alleged infringer and will be allowed to bring the case in court only after the 30-day period from sending the letter.

The new procedure starts on June 1, 2016 and applies to all IP infringer matters, except for cancellation actions of trademarks due to non-use, which are filed with the IP Court. If the claimant proceeds to directly file a court action before sending the letter, the court action will not be accepted and will have to be re-submitted after the letter to the alleged infringer has been sent and the 30-day period has passed.

For more information regarding the above changes and cease & desist letters in Russia, please contact us.