Disputes related to the protection of intellectual property
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of disputes related to the protection of intellectual property. In our practice, we face with various types of disputes related to the protection of intellectual property at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the disputes related to the protection of intellectual property require an individual approach to each specific case and careful legal analysis.
Intellectual Property Disputes
- Disputes on the protection of their intellectual rights when filing and considering authorized applications for patent applications, as well as applications for registration of trademarks or company names
- Disputes regarding copyright protection (for example, works of science, art)
- Disputes arising from the alienation of exclusive rights to the results of intellectual activity;
- Protection of their intellectual rights at the stage of state registration and/or issuance of documents confirming the registration of an intellectual property object;
- Challenging the provision or termination of the legal protection for the results of intellectual activity.
- Cases of contesting regulatory the legal acts of federal executive bodies affecting the rights and legitimate interests of the applicant in the field of the legal protection of the results of intellectual activity and mean of individualization
- Cases of contesting acts of federal executive bodies containing clarifications of the legislation and having normative properties
- Cases in disputes on the provision or termination of the legal protection of the results of intellectual activity and equivalent mean of individualization
- Other matters related to the protection of intellectual property
Intellectual Property Dispute Resolution
A number of disputes in this area can be resolved in the Chamber for Patent Disputes of the Federal Service for Intellectual Property. Such applications shall be filed with the said institution, the subject of which may be: appeal of the refusal to grant a patent or recognition of the application for an invention, utility model and industrial design revoked; opposition to the grant of a patent; appeal of a decision taken based on the results of a formal examination of an application for registration of a trademark and service mark; an application for recognition of a trademark as well-known in the Russian Federation or for early termination of protection of a trademark, etc.
Also, the resolution of intellectual property disputes is within the competence of a specially created judicial institution - the Intellectual Property Rights Court, which acts as a specialized arbitration court in this area. According to the law on arbitration courts in the Russian Federation, this court considers cases as a court of the first instance, as well as a cassation instance.
These cases are considered by the Intellectual Property Rights Court, regardless of whether they are participants in legal relations from which the dispute arose, organizations, individual entrepreneurs, or citizens. In addition, by way of appeal to the Intellectual Property Rights Court, it is possible to appeal against decisions in the field of intellectual property previously made by the arbitration courts of the subjects of the federation in the first instance, as well as by arbitration courts of appeal.
It is important to note that cases of recovering losses as a result of the violation of intellectual property rights are subject to consideration by the Arbitration Court or the court of general jurisdiction.
- Legal analysis of documents and other evidence submitted by a client regarding the disputes related to the protection of intellectual property
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on disputes related to the protection of intellectual property