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

22.6.2016

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.

News

Changes to Kazakhstan’s IP legislation

We have listed the six major changes that came into force on 3 July 2018. The objective of the amendments is to modernize the existing legislation, and to simplify the trademark registration process.

Article in WIPR: Common procedures for IP disputes

The IP rights environment has become very internationally-focused lately. IP owners have many opportunities to protect their IP rights globally, but enforcement of IP rights is still mainly based on national requirements and processes with country specifics and peculiarities. This is also the case in Russia.

European patent attorney Matti Ylitalo to strengthen Papula-Nevinpat’s IP team

European patent attorney Matti Ylitalo (M.Sc. (Tech.)) has been appointed patent attorney at Papula-Nevinpat on 2 May 2018. Matti has wide expertise as a patent attorney, specializing in various technical fields, such as mechanics, engineering materials, electronics, medical engineering, as well as power plant, automation and antenna technology.

New regulations for including IP rights in the Eurasian Customs Union

As from now on it should be possible to make only one customs application instead of 5. This brings financial benefits to intellectual property owners.