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.
Patent Attorney Linda Norrgård, M. Sc. (Tech.), strengthens Papula-Nevinpat’s team of IP experts as of 1 April 2019. Linda has worked with patents since 2008, spending most of her career in various Finnish patent firms.
Papula-Nevinpat’s team of IP experts is growing, as European Patent Attorney Miika Tupala has been appointed patent attorney as of 1 April 2019.
Also this year we are present at INTA 2019 in Boston and are arranging presentations on IP Trends in Russia and hosting a cocktail reception on Monday 20 May at the Revere Hotel Boston Common.
Read the main impacts on EU trademarks and EU designs, in case the UK leaves EU on 29 March 2019 without a withdrawal agreement.
