Trademarks

In the present world of key words, hash tags and global market trademarks may be the major assets of your business. Securing your trademark rights should be a priority task when entering a new market or even long before that.

Getting protection of your trademark in Russia is especially important due to the brutality of the young Russian market, developing and changing legal practices and increasing ever competition.

Key facts about trademark protection in Russia:

• Trademark requires registration to be protected;
• Words, images, 3D shapes, sounds, animations are allowed;
• Trade, service, collective and well known marks are recognized;
• Madrid Agreement and Protocol applications are welcome;
• Protection can be renewed each 10 years.

Our firm offers a full range of trademark related services. We carry out trademark searches and other third party rights clearance, filing and prosecution of trademark applications, oppositions and cancellation actions, trademark renewals, recording of trademark transfers and licenses, recording trademarks with Customs Registers of Russia and Eurasian Economic Union, protecting your trademark rights in courts.

Advantages of working with us on your trademark matters:

• Trademark Attorneys with years of experience;
• Personal touch even to the most ordinary trademark work;
• Unlimited business hours, 24/7 type attention;
• Law firm type approach to trademark work;
• Flexibility on fees.

Patents

Technologies are developing very fast nowadays. A device representing a cutting edge of the technology a year ago today may look outdated. Patent system is struggling to cope with this speed, but patent protection is still one of the most efficient tools for marketing of great ideas.

In Russia one can get patent protection relatively fast choosing between filing for an invention or utility model patent (the latter does not require inventive step). Each year the Patent Office grants about 40 000 new patents.

Key facts about patent protection in Russia:

• Conventional priority is recognized;
• 31 months for entering national phase of PCT application;
• Easy extension and reinstatement of terms;
• 20 (inventions) and 10 (utility models) years of protection;
• Option to apply for regional patent - Eurasian patent system.

Our firm is able to assist you in getting your technology duly protected in Russia. We carry out patent searches, translations, national and Eurasian filings and prosecution, annuities payments, transfers and licensing. If patent work requires comprehensive technical expertise we invite highly experienced engineers to work as a team with our Patent Attorneys. Legal background of our Patent Attorneys helps to get enforceable patents.

Advantages of working with us on your patent matters:

• Competitive fees and adequate billing policy;
• Dedicated attorney who guides you all way through;
• Prompt replies, understanding the urgency of a situation;
• Professional software to keep all records intact.

Designs

"Design sells"! This is an axiom of today's market. When dozens of similar devices with identical functionalities are offered to consumers the best looking and easy-to-use device will have better chances to end up in consumer's hands.

Protection wise, industrial design may be the most underestimated intellectual property option in Russia. However, our legal practice shows that design protection may be very efficient against unfair competition and trade dress infringements.

Key facts about design protection in Russia:

• 6-months of conventional priority is available;
• Protection through the list of essential features is used;
• Russia is not a member of any regional or international design system;
• Patent is initially valid for 15 years, subject to annuities;
• Term of protection can be extended for 10 more years.

Our firm would be glad to guide you through the whole legal life of your design. We are conducting design searches, drafting and prosecuting design applications, challenging unfavourable decisions of the Patent Office or disputing the validity of competing design rights. Transferring, licensing and maintaining design patents are also our services as well as design litigations in courts.

Advantages of working with us on your design matters:

• Professional assistance in constructing the list of protected features;
• Projecting litigation strength of the design protection;
• High quality printing of design reproductions;
• Always online to attend your requests;
• Flexible fee schedule.

Copyright

Being the member of the main international treaties regulating copyright issues the Russian Federation implements in its national legislation a fairly adequate protection of all copyrighted works.

The law provides for an open list of copyright protected works: the works of literature, art (including design), music, software, architecture, cinematography, derivative works (translations, adaptations, musical arrangements). So called neighboring rights cover the performances, master rights for music records, compilations and databases.

The key features of the Russian copyright law are:

• No registration or deposition of a work is required to enjoy copyright protection (creation of the work in the objective form initiates the protection).
• Basic term of protection is for the life of the author, plus 70 years.
• The copyright can be licensed or fully assigned, while the author is always recognized as possessing the moral rights (e.g. the right to be named as the author).
• Violations of the copyright could be subjects to civil, administrative and criminal actions, where the right holder may ask for damages, statutory compensation (up to 5 million rubles), destruction of the infringing articles, and the infringer could be fined or imprisoned.
• Copyright claim can be the ground for invalidation of trademark and industrial design registrations.

Special regulations for software protection allow the developers to obtain a formal document from the Russian PTO, which serves as proof of copyright. The Russian courts are generally favorable towards the authors and other right holders, the highest damages and compensations are awarded in copyright cases amongst other IP disputes. A special simplified and expedited court procedure is available for prosecution of many copyright violations in the Internet.

Searches

Due to length and costs of patent and trademark registration procedures it is advisable to conduct a search before filing an application. It also makes sense to check whether your using a mark or a technology infringes somebody's prior rights.

The importance of searches and IP monitoring is underestimated by the Russian market. Specialized searching and monitoring are not promoted enough by local service providers and few Russian companies understand the worth of making searches prior to marketing of a mark or a product.

Key facts about searches in Russia:

• Russian PTO does not offer free online search tools;
• Online trademark search is available for registered marks only;
• Trademark application search should be ordered from PTO;
• Official fees depend on urgency of the search;
• Patent searches can be done using international databases.

Our firm understands the importance of thorough and timely searches, using the best searching options and tools available. We have established a direct electronic communication system with the Russian PTO which allows us to order searches and receive results in the shortest time possible. We do word and image searches for trademarks, including recently filed trademark applications. Our searches may also target patents, copyright, company names, trade names, domain names, names of mass media, drug's names, etc.

Advantages of our searching services:

• Variety of search options as to time, depth and purpose;
• Ability to provide some searches in 24 hours or even on the same day;
• Comprehensive search reports and post-search support;
• All searches are the team work with experienced attorneys in charge;
• Minimizing official fees when possible.

Domain names

Internet is spreading non-stop. Millions of websites are there to offer services, goods and information. Domain name system helps internet users to navigate through the World Wide Web and to remember websites they liked. Reflecting a trademark in the domain name is the most common way to choose a name for the site.

Russian internet has not avoided the problem of cybersquatting, typosquatting and other abuses of domain name system. It is advisable to secure your domain names in Russia as soon as possible to avoid wasting time and money on the legal actions.

Key facts about domain names in Russia:

• Popular national TLDs are .RU, .SU, and COM.RU;
• Many independent registrars are operating;
• Almost 4,000,000 domain names in .RU;
• Cyrillic domain names may be registered in .РФ;
• No UDRP-like procedure is available.

As a law firm we specialize in protecting IP rights against infringements by unauthorized domain name registrations. We are able to register domain names in all domain name zones available in Russia. We conduct domain name searchers, negotiations with domain name owners, facilitate domain name transfers and, of course, we litigate against cybersquatters and other infringers.

Advantages of working with us on domain name matters:

• Partnership agreements with Russian Registrars;
• Unique legal experience and expertise in the field;
• Understanding technical issues of the system;
• Urgent notarization of infringing website contents;
• Experience in handling UDRP cases.

Police actions

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.