In cases where the infringer of IP rights is unknown or where immediate actions are required, litigation may not be an appropriate option. Much more effective option in these cases is a police action, which may lead to an administrative or even criminal liability for the infringer.
The police in Russia has vast powers. They have the right to seize the allegedly counterfeit goods, inspect premises where the goods are stored, request for documents, interrogate witnesses etc. If the court confirms the infringement investigated by the police, the infringer will suffer administrative or criminal penalties, and the counterfeit may be destroyed.
Key facts about police actions in Russia:
- Available in trademark, copyright and patent infringement cases;
- IP holder’s special request is usually needed to initiate the actions;
- No court order is needed to have the goods seized by the police;
- Criminal liability applies to individuals only;
- Significant damages are required for criminal offence liability.
Our firm is able to provide you with all necessary services in connection with the police action. Though all police cases are of public prosecution, the IP holder and its representatives have many procedural rights, such as requesting the police for action, submitting evidence, examining case file, filing petitions, challenging experts, investigators and judges, participating in court hearings, appealing police actions and court decisions. We know how to use all these rights properly and will help to achieve the desirable result.
Advantages of working with us in police actions:
- Extensive experience in dealing with police;
- Supporting police action with preliminary private investigation;
- Possibility of quick action in any region of Russia;
- Close collaboration with reliable expert institutions;
- Admission to all stages of administrative and criminal proceedings.
Contact us today and get more than you expected!
Frequently Asked Questions
Do the police require an expert opinion in an IP case?
Yes, the police requests independent experts for their opinions in most IP cases.
Is it possible to claim for damages in the framework of the police action?
Sometimes yes, but it is better to use litigation for this purpose.
Can the police action be used to obtain prohibition of future infringing activities?
No, litigation should be used for this purpose. The police action may result in a penalty for the past infringement only.
What is the most severe criminal penalty for an IP infringement?
Imprisonment for the period of up to 6 years (applies to the trademark infringements).