IP Litigation
Legal representation in disputes related to intellectual property rights

IP rights are subject to legal protection, which usually include works of science, literature and art, programs for electronic computers (computer programs), databases, performances, phonograms, inventions, utility models, industrial designs, etc.
However, despite the legal protection of the results of intellectual activity provided for by law, disputes over intellectual property rights arise quite often.
Such disputes include proceedings related to patent rights, trademarks, violation of intellectual property rights, and, as a general rule, disputes related to the protection of violated or disputed intellectual rights are considered and resolved by the court.
Patent Dispute Lawyers
In accordance with Article 1406 of the Civil Code of the Russian Federation, disputes related to the protection of patent rights are considered by the court, which include, in particular, disputes:
- on the authorship of an invention, utility model, industrial design;
- on the establishment of the patent holder;
- on the violation of the exclusive right to an invention, utility model or industrial design;
- on the conclusion, execution, amendment and termination of agreements on the transfer of exclusive rights (alienation of a patent) and license agreements for the use of an invention, utility model, industrial design;
- on the right of prior use;
- on the right of subsequent use;
- on the amount, term and procedure for payment of remuneration.
Intellectual property rights are protected administratively by the federal executive body for intellectual property and the federal executive body for selection achievements, as well as the federal executive body authorized by the Government of Russia in matters related to filing and reviewing applications for patents for inventions, utility models, industrial designs, selection achievements, trademarks, service marks, geographical indications and appellations of origin, with state registration of these results of intellectual activity and means of individualization, with the issuance of relevant title documents, with challenging the granting of legal protection to these results and means or with its termination. It is important to note that the decisions of these bodies come into force on the date of adoption and may be challenged in court in accordance with the procedure established by law.
Patent rights are protected administratively on the following issues:
- a decision to issue a patent for an invention, to refuse to issue it, or to recognize the application as withdrawn;
- examination of an application for a utility model;
- examination of an application for an industrial design;
- invalidation of a patent for an invention, utility model or industrial design;
- filing and consideration of an application for a patent for a secret invention;
- invalidation of a patent for a secret invention issued by an authorized body.
Trademark Dispute Lawyers
An exclusive right to a trademark, i.e. a designation used to individualize goods, is recognized, certified by a trademark certificate. A trademark may be registered as a verbal, pictorial, three-dimensional or other designation or a combination thereof, including in any color or color combination. The main types of trademark disputes are:
- early termination of legal protection of a trademark due to its non-use;
- violation of the exclusive right to a trademark;
- challenging a decision to refuse to accept an application for a trademark for consideration, to refuse state registration of a trademark and to recognize an application for a trademark as withdrawn, a decision to grant or refuse to grant legal protection in Russia to a trademark in accordance with international treaties of the Russian Federation;
- recognizing actions to acquire rights to a trademark as unfair competition, etc.
Among other things, it is important to note that a person who has violated the exclusive right to a trademark when performing work or rendering services is obliged to remove the trademark or a designation confusingly similar to it from the materials that accompany the performance of such work or rendering of services, including documentation, advertising, and signs. At the same time, the copyright holder has the right to demand, at his discretion, from the violator, instead of compensation for damages, payment of compensation:
- in the amount of 10 thousand to 5 million rubles, determined at the discretion of the court based on the nature of the violation;
- in double the cost of the goods on which the trademark was illegally placed, or in double the cost of the right to use the trademark, determined based on the price that, under comparable circumstances, is usually charged for the lawful use of the trademark.
Legal representation in Rospatent
BRACE Law Firm provides legal representation in disputes in Rospatent.
Article 1247 of the Civil Code of the Russian Federation regulates interaction with Rospatent and states that cases can be conducted by the applicant, the copyright holder, or another person independently, or through a registered patent attorney, or through another representative.
Legal representation in case of violation of IP rights
Despite the legal protection of intellectual property rights established by law, violations of the rights of copyright holders and legal disputes in this area are not uncommon. Preparation of documents, challenging illegal actions of both executive authorities and persons violating intellectual rights, requires from the copyright holder not only knowledge in the field of protection of intellectual property rights, but also procedural rules, which copyright holders often do not possess, and for qualified protection they seek help in this matter from experienced lawyers.
Depending on the type of dispute, the consideration of cases can be carried out both administratively by executive authorities and in court. The participation of qualified specialists allows copyright holders not to engage in litigation on their own, while receiving full protection of violated rights.
Servicios legales
- Consulting on IP issues
- Legal representation regarding patent rights and disputes over trademark rights
- Legal representation in Rospatent
- Preparation of necessary documents related to IP rights
- Legal representation in courts in cases related to violation of IP rights