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Russian Federation

From Jumia to Ozon: the regional e-commerce sites that rights holders need to be policing

Outside of North America and China, new ecommerce marketplaces are springing up at an increasing rate. As these regional platforms grow, infringers have swarmed to them in response to the global platforms’ growing anti-counterfeiting efforts.

From Jumia to Ozon: the regional e-commerce sites that rights holders need to be policing
1 Aug 2019

How FaceApp’s terms of use could open risk of infringement that you can’t fight

A media storm has circled around Russian-owned FaceApp over fears that personal data is being sold for potentially nefarious purposes. We speak with an expert about the legal issues that rights holders should be aware of.

29 Jul 2019

The future is bright for Rospatent

Over the past couple of years rapid improvements have been made at the Russian IP office. In an exclusive column, head of the registry Grigory Ivliev looks at its current operations and speaks about future plans.

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29 Oct 2019

Russia's Constitutional Court gives a boost to well-known trademarks

The Constitutional Court of the Russian Federation has confirmed that the laws recognising well-known status are constitutional and valid. Read more

1 Oct 2019

Procedures and strategies for pharmaceutical brands: Russia

In 2018 the top development strategy of companies involved in the Russian pharmaceutical market was ‘aggressive marketing’. In such circumstances, trademark registration takes on considerable importance as it provides an effective measure to secure exclusive rights over a product’s unique identity.  Read more

30 Sep 2019

Building an effective enforcement strategy to fight unfair competition in advertising

In the fight against unfair marketing practices, businesses operating in Russia would be well advised to understand the correlation between unfair advertising and unfair competition and to take account of the relevant legal provisions so as to build up an effective enforcement strategy. Read more

24 Sep 2019

IP Court seeks clarification from Constitutional Court as to whether mark can be recognised as well known retroactively

In a dispute between two Russian cosmetics manufacturers, the IP Court has suspended the proceedings and sent a request for clarification to the Constitutional Court concerning Article 1483 of the Civil Code. Read more

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Anti-counterfeiting

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14 May 2019

Procedures and strategies for anti-counterfeiting: Russia

Administrative proceedings start with the rights holder filing a petition with the police, based on which the police conduct a raid on the infringer’s premises and seize any discovered counterfeit goods. They then pass samples of these to the trademark owner (or its authorised local representative) so that it can confirm the origin of the counterfeit. Read more

14 Mar 2019

Online brand protection strategies for the Russian market

New challenges in a digital world dictate the necessity of adapting brand protection strategies. In the past, it was enough to deal with infringements on a case-by-case basis. However, today it is impossible to handle thousands of online infringements manually and more efficient tools (online brand protection solutions) are required. Read more

23 Nov 2018

IPOPHL celebrates record haul, Rospatent promotes benefits of GIs, and emoji-tions run high in China: news round-up

In our latest round-up, we look at $7 million worth of counterfeit condoms being seized in China, Canada Goose opening an additional office in Beijing, and much more. Read more

11 Sep 2018

More #MeToo trademark applications, USPTO scandalous marks fight, and FIFA thanks Rospatent for World Cup help: news round-up

In our latest round-up, we look at more trademark applications related to the #MeToo movement, the Swedish IP Office warning against fake election posters, a US court having its say on trademark bullying, and much more. Read more

Brand management

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25 Feb 2019

Protect and enforce IP rights or risk wasting brand investment

Brand registration alone is insufficient. Financial and professional services need to take a realistic view of the unauthorised use of brands and ensure that their trademarks are not diluted and abused. Read more

25 Feb 2019

Protect and enforce IP rights or risk wasting brand investment

Brand registration alone is insufficient. Financial and professional services need to take a realistic view of the unauthorised use of brands and ensure that their trademarks are not diluted and abused. Read more

8 Jan 2019

Protecting and enforcing design rights: Russia

Russian design law is incorporated into Part IV of the Civil Code. Additional provisions regarding application proceedings are set out in the Rules on Design Patent Application Proceedings and the Instructions for Design Patent Application Documents. Read more

20 Dec 2018

Franchising in Russia: a best practice guide

Russia offers great potential for franchising, but local knowledge is key if brand owners are to avoid costly missteps. Read more

Enforcement and litigation

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29 Oct 2019

Russia's Constitutional Court gives a boost to well-known trademarks

The Constitutional Court of the Russian Federation has confirmed that the laws recognising well-known status are constitutional and valid. Read more

1 Oct 2019

Procedures and strategies for pharmaceutical brands: Russia

In 2018 the top development strategy of companies involved in the Russian pharmaceutical market was ‘aggressive marketing’. In such circumstances, trademark registration takes on considerable importance as it provides an effective measure to secure exclusive rights over a product’s unique identity.  Read more

24 Sep 2019

IP Court seeks clarification from Constitutional Court as to whether mark can be recognised as well known retroactively

In a dispute between two Russian cosmetics manufacturers, the IP Court has suspended the proceedings and sent a request for clarification to the Constitutional Court concerning Article 1483 of the Civil Code. Read more

1 Aug 2019

Best practice in litigation strategies: global perspectives

Trademark experts from around the world offer practical guidance on how to maximise the chances of litigation success in their jurisdiction. Read more

Goverment/policy

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30 Jul 2019

Geographical indications on the horizon in Russia

The Duma has passed a bill with provisions clarifying the requirements for geographical indications on its final reading, a new and long-awaited IP development in Russia. Read more

18 Oct 2018

Russia pushing ahead with geographical indications; expert highlights opportunities and pitfalls of draft bill

A draft bill has been introduced in Russia that will establish geographical indications protection in the country. If passed, the law will be a significant win for the producers of region-specific goods. Read more

1 Aug 2018

Anti-sanction bill keeps intellectual property in safe harbour

A new anti-sanction bill aimed at the prevention and suppression of unlawful and hostile foreign actions is now in force in Russia. Importantly, the bill generally does not concern the IP assets of foreign legal entities. Read more

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

IP offices

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29 Jul 2019

Road to Russia: why Rospatent is positive about the future

Over the past couple of years rapid improvements have been made at the Russian IP office. In an exclusive feature, the head of the registry looks at its current operations and speaks candidly about plans for the future. Read more

24 Dec 2018

New court decisions provide fresh wisdom on trademarks in Russia

Three recent cases look set to shake up trademark practice in Russia and could well have an impact for years to come – especially when it comes to parallel imports and the territorial principles of trademark protection. Read more

20 Apr 2018

Kit Kat blow, Comey trademark abandoned, and Russian IP office pledges blockchain support: news round-up

In our latest round-up, we look at the Advocate General’s latest Kit Kat decision, Liverpool FC embroiled in a dispute, a strong start for the ‘.app’ new gTLD, advice on building a fashion retail brand in 2018, and much more. Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

Online

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4 Jun 2018

Can BLACK FRIDAY owner prevent use of 'Real Black Friday'?

The cassation court in Russia has confirmed that the owner of BLACK FRIDAY for services in Class 35 had abused its rights by suing an association of online shops for using the words 'Real Black Friday'. Read more

1 Mar 2018

New case puts fresh spin on domain name disputes in Russia

Domain name dispute practice in Russia is still underdeveloped, with a lack of legal provisions regulating rights in this area. However, a recent case provides important insight into practices across Russia and the Commonwealth of Independent States. Read more

21 Jun 2017

Mere registration of domain name can constitute infringement

The Supreme Court has refused to allow a domain name dispute to be reconsidered by the Economic Panel of the Supreme Court. The case confirms yet again that mere registration of a domain name which is identical to a registered trademark may be found to be trademark infringement, irrespective of whether goods or services were sold under the domain name. Read more

1 Mar 2017

Russia: Resolving domain name disputes and doing business online in Russia

A well-balanced internal domain name policy is vital. Those doing business in Russia should consider national domain requirements, as well as national domain litigation practice Read more

Portfolio management

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30 May 2019

Russian court issues controversial decision in RED SQUARE case

A Russian court has reversed a decision of the patent office refusing to register the assignment of the mark RED SQUARE in the name of Azamat Ibatullin, a notorious trademark squatter. Read more

12 Mar 2019

Russian IP Court confirms invalidation of BBC’s TOP GEAR mark

In a controversial decision, the Russian IP Court has upheld a Patent and Trademark Office decision which found the British Broadcasting Corporation’s TOP GEAR trademark to be invalid based on the existence of a senior, almost identical mark belonging to a third party. Read more

25 Feb 2019

Protect and enforce IP rights or risk wasting brand investment

Brand registration alone is insufficient. Financial and professional services need to take a realistic view of the unauthorised use of brands and ensure that their trademarks are not diluted and abused. Read more

25 Feb 2019

Protect and enforce IP rights or risk wasting brand investment

Brand registration alone is insufficient. Financial and professional services need to take a realistic view of the unauthorised use of brands and ensure that their trademarks are not diluted and abused. Read more

Trademark law

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17 Jul 2019

Naming, registering and advertising pharmaceutical trademarks in Russia

The pharmaceutical industry is a high-tech development priority and pharmaceutical production must happen alongside the development of an appropriate IP protection strategy. Pharmaceutical trademarks owners would be well advised to consider any issues in the context of the Russian market. Read more

26 Jun 2019

FIFA reflects on scoring an IP enforcement win at the 2018 World Cup in Russia

Daniel Zohny, IP head at FIFA, looks back at the intense workload taken on by his team during the 2018 World Cup and looks forward to the next tournament as the worthy winner of WTR’s Sports, Entertainment and Media Team of the Year. Read more

1 May 2019

Colour marks gain popularity in Russia

Colour trademarks are growing in popularity in Russia. However, to ensure their registration, the colour in question must be capable of sufficiently distinguishing the product or service and its origin. Read more

28 Jan 2019

Litigation procedures and strategies: Russia

The Russian court system comprises federal courts and regional courts (ie, regional constitutional courts and magistrates). IP matters are under the exclusive jurisdiction of the federal courts. Read more

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latest

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Russia's Constitutional Court gives a boost to well-known trademarks

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IP Court seeks clarification from Constitutional Court as to whether mark can be recognised as well known retroactively

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Gabriel Francisco Leonardos
Senior Partner
Rio de Janeiro, Brazil
Kasznar Leonardos Intellectual Property
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