Competition law amended to restrict trademark monopolies

The Russian government has amended the country's competition legislation so as to reduce the anti-competitive effects of trademark acquisitions and licence agreements. As a result (i) the acquisition of trademark rights, and (ii) the grant of exclusive trademark use rights, which create a monopoly and detrimentally affect competition, are prohibited.

To improve the enforcement of unfair competition provisions, the Anti-monopoly Ministry has been given increased authority to:

• issue cessation orders when a party's trademark-related activities detrimentally affect competition;
  
  
• order the infringing party to pay to the state as damages any income gained from such illegal trademark use; and
  
  
• request that the Russian Patent and Trademark Office cancel trademark registrations that detrimentally affect competition.
  

Vladimir Biriulin, Gorodissky & Partners, Moscow