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.
It is surprisingly common with startups to not know how to incorporate patenting in their company’s business strategy. Our patent specialist Jorma Selin blogs about important aspects for you to consider.
Kindly note that our head office in Helsinki will be closed for Midsummer on Friday 21 June 2019.
Papula-Nevinpat has again been ranked as one of the top patent firms both in Finland and Russia in the patent prosecution category of the 2019 edition of Intellectual Asset Management (IAM) Patent 1000 – The World’s Leading Patent Professionals.
In case you couldn’t make it to the Russia IP Update sessions, you can read the presentation by our trademark attorney Riikka Palmos here.
