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.
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.
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