Any results of intellectual activity are subject to protection if they are unique and meet the requirements enshrined in the norms of national legislation and international law. The distinction of the legal protection regime depends on the type of object, the status of the right holder, and other factors. In this article we will tell you how intellectual property rights are protected in Russia and what measures can be applied to infringers.
Patent law distinguishes between protected industrial and commercial property, as well as a number of unprotected objects, for which no patent or certificate can be obtained. Depending on the content of intellectual activity, such distinction is as follows:
Depending on the type of the object, the subject composition of right holders will also differ. Patents for industrial property objects can be obtained by individuals, organizations and entrepreneurs, the employer of the inventor. A certificate for trademarks can be obtained only by subjects of commercial activity - legal entities and entrepreneurs.
To establish the regime of protection for the object of intellectual property rights in the Russian Federation, it is necessary to undergo the procedure of patenting or registration of means of individualization. It consists of the following stages:
A patent or a certificate gives rise to exclusive rights to the intellectual property object. During the period of validity of a patent or a certificate, the right holder may use the object for his own needs, sell or transfer the exclusive rights to third parties with registration in Rospatent. In addition, the ownership of a patent or a certificate gives the opportunity to use legal protection measures against any infringement in the field of patent law.
The owner of exclusive rights may encounter unlawful use of the object by others. It does not matter for prosecution whether or not the infringer planned to receive income from the illegal activity. To use protective measures, it is sufficient to prove the existence of registered rights, as well as the fact that the object was used without the consent of the right holder.
Let us highlight the most common types of violations that owners of intellectual property rights may encounter:
Protection of intellectual property of a company may also be carried out against special types of infringements. For example, if another company uses a similar or identical trademark to mislead consumers, there may be administrative liability for violation of antitrust laws of the Russian Federation.
Depending on the nature of the violation, as well as the resulting adverse consequences, liability will come in the following directions:
An independent direction for liability is the antimonopoly legislation. Although a violation of competition rules is punishable under the CAO RF, the procedure for imposing a fine is significantly different, since these cases are handled by the FAS Departments.
When unlawful use of another's property, or any other type of infringement is detected, a written demand must be made. For industrial and commercial property, a written claim is a prerequisite for subsequent recourse to a court. In the text of the demand it is possible to specify :
If such measures of influence have not brought a positive result, the right holder may appeal to the courts. It is a judicial act that is the most effective option for protection against any infringement in the field of patent law.
The subject matter of judicial claims may be:
The rights holders can take cases to court on their own or through representatives by power of attorney. Lawyers, attorneys, patent attorneys and other subjects empowered on the basis of a power of attorney may act as representatives. In order to calculate damages or assess the value of exclusive rights one may apply to an independent expert. The expert's report will serve as appropriate evidence in courts of all instances.
Independent protection of copyright and patent rights is fraught with adverse consequences. Without a thorough knowledge of the rules of law and the provisions of judicial practice, it is possible to miss the limitation period, improperly record evidence, incorrectly calculate the amount of damages. Eliminate such risks to help specialists of our company, which will provide legal services in the following directions:
To clarify the terms of cooperation with our company and get clarification on all issues in the field of patent law, contact us for a consultation. You can do this by phone, listed on the website or via the feedback form.