Скидки 30% на всё

Protection of Inventions, utility models and industrial designs.

 We can represent your interests in the Chamber of patent disputes, courts and the Federal Anti-Monopoly Service.

 1) The Chamber of Patent disputes: 

  • establishing the legality of the refusal to grant legal protection for intellectual property subjects: trademarks (service marks ) , appellations of origin , inventions , industrial designs , utility models;
  • the legality  of recognition the application of intellectual property subjects for the to be withdrawn;
  • the legitimacy of legal protection of the intellectual property subjects ;
  • etc.


Representation in the Chamber of Patent disputes includes:

a) preparation of requests and objections , answers to the requests and objections;

b) participation in meetings of the Chamber of patent disputes;

2) The courts of the Russian Federation:

Proceeding with: 

  •  infringement of the exclusive right to the trademark;

  • infringement of the exclusive right to an invention , utility model , industrial design;

  • the preparation and execution of the license agreement and an agreement on the transfer of the exclusive right to a trademark                   ( assignment agreement) ;

  • the preparation and execution of agreements for the transfer of exclusive rights ( patent assignment ) and license agreements for the usage of an invention , utility model or industrial design;

  • declaration the decisions of the Chamber of patent disputes , the Federal Anti-Monopoly Service to be illegal ;

  • premature termination of the legal protection of a trademark in connection with its non-use ;

  •  etc.

    Representation in courts includes:

    a) preparation of requests, claims , appeal petitions, cassation appeals , requests for supervisory review of a judicial acts, requests for reopening cases upon discovery of new facts, answers to the requests, claims and petitions, drafting of settlement agreements , and etc.;

    b) participation in the trials.

    As part of out-of-court settlement we will help you to prepare a claim for infringement of the rights to the intellectual property subjects , and also  to prepare a response to the complaint , received by you ;

    3) The Federal Antimonopoly Service of the Russian Federation (hereinafter - FAS) for antitrust infringement  cases, concerning unfair competition, namely:

 

 

  • Misrepresentation regarding location and method of production and consumer properties , quality and quantity of products, or with regard to its manufacturer ;

 

  • Commercialization of products with illegal usage of intellectual property and similar means of individualization of a legal entities, individualization of products, works and services;

 

  • Unfair competition related to the purchase and usage of the exclusive rights of the means of individualization of a legal entity, individualization of products, works or services;

 

 

  • etc.

Representing in the Federal Antimonopoly Service of the Russian Federation includes:

            a) preparation of claims, written explanations ;

           b) participation in sessions of commissions of the FAS.


SPECIAL OFFER:


The court: preliminary and the first session is 50 000 roubles
The court: the second session and each  following - 15 000 roubles

The chamber of patent disputes: first session - 40 000 roubles
The chamber of patent disputes: each following session - 10 000 roubles

 

Courts including arbitration court according to their competence investigate the disputes dealing with:

 

  • authorship to invention, utility model, industrial design
  • determination of patent owner
  • infringement of exclusive right to exploitation of protected object of industrial property and other property rights of a patent owner
  • drafting  and executing contracts
  • prior common law right
  • award payment to author by employer
  • payment  of different compensations and other disputes besides those to be referred to the competence of The Higher Appeals Chamber

 

In the process of determining disputes courts consider as infringement of exclusive right of patent owner any unauthorized manufacture, exploitation, importation, sales offer, sale, commercialization or storage of a product containing patented piece of industrial property and application of method protected by patent for invention as well. New product is deemed to be made by patented method in the absence of proof to the contrary.

In abovementioned cases the infringement of patent must be ceased and the guilty person is obliged to compensate for a loss according to civil legislation.

Property rights of patent owners are protected within 3 years’ term (general period of limitations) as long as special period is not indicated. Personal non-property right is protected regardless of period of limitations.

 During the patent’s validity it may be challenged and acknowledged illicit fully or partially in the following cases:

a)      disconformity of protected object to the criteria of patentability;

b)      a claim containing the features which are subject to inclusion at the claims of the invention absent in the original materials of the application.

 

The protest against a grant of a patent must be investigated by Appeals Chamber during 6 months since filing an application. Should one of the parties not agree with the decision of Appeals Chamber  it may file a complaint to The Higher Appeals Chamber, authorized to deliver the final judgement.

 

Usurpation of copyright, enforcement to joint authorship and illegal disclosure of knowledge referring to an object of industrial property is subject to a criminal penalty.