Twitter Logo Youtube Circle Icon LinkedIn Icon

Russia > Legal Developments > Intellectual Property > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Advertising non-prescription medications or Biologically Active Supplements (BAS)

October 2015 - Intellectual Property. Legal Developments by Goltsblat BLP.

More articles by this firm.

Advertising non-prescription medications or Biologically Active Supplements (BAS) using prescription medications names and packaging designs declared unlawful by Russian Federal Antimonopoly Service 

Yana Pylaeva 

Senior Associate (IP and advertising), Goltsblat BLP 

In March 2015, the Federal Antimonopoly Service Commission delivered two landmark decisions recognising as unacceptable so-called surrogate advertising of prescription medications by promoting non-prescription products under “umbrella” brands. 

Amendments to Part IV of the Russian Civil Code in 2015

Author: Valentina Orlova, Head of Intellectual Property and Trademarks Practice, Pepeliaev Group

2014 saw most of the amendments to Part IV of the Russian Civil Code come into effect. The amendments were set by Federal Law No. 35-FZ dated 12 March 2014 "On Amending Part I, II and IV of the Civil Code of the Russian Federation and Certain Items of Legislation of the Russian Federation." Yet, some of the amendments stipulated by the federal law only became effective starting from 2015.

Valentina Orlova is the best Russian IP expert according to WTR – 1000

March 2015 - Intellectual Property. Legal Developments by Pepeliaev Group.

More articles by this firm.

Valentina Orlova, Head of Pepeliaev Group's Intellectual Property and Trademarks Practice, has been named as the best expert in Russia (being placed in the gold category) by World Trademark Review-1000 for 2015 in the category 'Individuals: prosecution and strategy'.

New developments in legal regulation of relationships regarding trade names

With Federal Law No. 35-FZ dated 12 March 2014 being adopted, amending parts one, two and four of the Civil Code other items of Russian legislation, the legal regulation of trade names continues to be developed. To some degree, the changes represent an improvement.
Priority right. An addition has been made to article 1252(6) of the Civil Code in line with the general concept for regulating means of identification and industrial designs as well as to clarify the balance between rights to different means of identification When the law defines the terms for a priority to arise, it not only mentions the earlier date when an exclusive right was created (to trade names, commercial designations, generally known trademarks and appellations of origin, for example). It also points to the priority previously in effect: convention or exhibition priority, applicable, for example, to trademarks, service marks and industrial designs. As a sanction with adverse consequences if a right holder is in violation, the law allows a claim to be made to have a patent for an industrial design invalidated.

Criteria for protectability. Changes have also been made to the conditions (criteria) for trade names to benefit from legal protection. In line with the general concept mentioned above, legislators have repealed article 1473(4)(3) of the Civil Code, which prohibited full or abbreviated names of international or intergovernmental organizations from being included in a legal entity's trade name. Federal Law No. 35-FZ dated 12 March 2014 includes the corresponding provision in the new version of article 12311 of the Civil Code.
How clause 2 of this article applies to trade names is an interesting question. It is well known that article 1473 of the Civil Code does not refer to any elements of a trade name which are not protected. Clearly, since article 12311 of the Civil Code is general in nature, the provisions of this article will be applied to determine whether certain trade names are protectable, particularly those which include official symbols, names and distinguishing marks. As for the other names which are specified in article 1473(4) of the Civil Code, the law does make it possible for an element to be classified as not protected.

Number of forms of a trade name. A limit has been set for a holder of rights to a trade name in terms of the number of designations which may be protected as forms of its trade name. Under the new version, the right holder may have only one full trade name and one short trade name in Russian. A similar rule was established with regard to the forms of a trade name in a foreign language or in any language of the peoples of the Russian Federation or. In our opinion, it is somewhat unjust to restrict the number of forms of a trade name to one in a foreign language and one in a language of the peoples of the Russian Federation. A legal entity may expand its interests not only in terms of scope, but also geography. This may include another region of Russia where the language of a different people of the Russian Federation is widely used (as compared to the language in which the right holder already has an actively used trade name). It may equally include another country with a different official language or one commonly used in business activities.

Review of changes in IP law in 2013

The most significant legal changes in 2013 affected regulation of intellectual property rights on the Internet.

The most publicized act was Federal Law No.187-FZ "On introducing amendments to certain legal acts of the Russian Federation on issues of protection of IP rights in information and telecommunications networks" dated July 02, 2013, unofficially entitled the "Antipiracy Law."

The Law is aimed at strengthening proThe most significant legal changes in 2013 affected regulation of intellectual property rights on the Internet.

The most publicized act was Federal Law No.187-FZ "On introducing amendments to certain legal acts of the Russian Federation on issues of protection of IP rights in information and telecommunications networks" dated July 02, 2013, unofficially entitled the "Antipiracy Law."

Anti-piracy Law: First Results

April 2014 - Intellectual Property. Legal Developments by Goltsblat BLP.

More articles by this firm.

By Elena Trusova, Partner, Dispute Resolution and Intellectual Property Goltsblat BLP

The so called "Anti-piracy law" has been in effect for a few months now. The Law amends the legislation in a way allowing access to Internet sites hosting illegal audiovisual works to be restricted under interim relief measures before there is a final court judgment or even before a relevant lawsuit is filed.

So we believe that the first results may already be summarised. The new Law can be said to be used extensively. Judging from publicly available information, there have been more than a hundred new Law based applications, with sites covered by interim relief measures being counted in the dozens.

Russian lawmakers’ activity aimed at protecting IP rights in the Internet

In the last two months, the Russian lawmakers' activity aimed at protecting IP rights in the Internet has exceeded all expectations.

The breaking point was the so called the "Anti-piracy law"  (the "Law") enacted on August 1, 2013, which provides owners ("Rightholders") of audiovisual works ("movies, including movies for TV and cinema") with additional opportunities to fight against their unlawful posting on the Internet.

Antimonopoly Legislation and Intellectual Property

October 2013 - Intellectual Property. Legal Developments by Pepeliaev Group.

More articles by this firm.

Valentina Orlova, Head of Intellectual Property and Trademarks Practice, Pepeliaev Group

Over the past few months numerous attempts have been made to extend antimonopoly legislation to intellectual property (IP) and means of identification. There have also been a number of discussions about so-called ‘monopoly' IP rights. It is often claimed that such monopoly rights are excessive and adversely affect scientific and technical development, and that certain limits should be imposed.

IP amendments to the Civil Code: when will they happen, what will they look like?

February 2013 - Intellectual Property. Legal Developments by Pepeliaev Group.

More articles by this firm.

Recently, at the second annual international research and development conference Civil law in Russia: the year in review an entire report was dedicated to intellectual property issues that await to be solved by the Civil Code. At the conference, chaired jointly by Pavel Krasheninnikov, Anton Ivanov and Veniamin Yakovlev, participants were pessimistically cautious in their forecasts about the earliest point when part four of the Civil Code will be amended, hope remains that such amendments will be passed in 2013. Still, the form they will take remains a mystery. After the first reading of the draft law (with respect to intellectual property) multiple amendments and additions were made to it. Regrettably, these have passed the general public by.

Legal Protection of Intellectual Property Rights with Regard to Accession to WTO

On 20 September 2012, MZS along with other leading Russian law firms participated in the WTO, Customs Union, EurAsEC: What to Expect From the New Business Order Conference organized by the Russian Corporate Counsel Association with the MZS support.

Yuri Monastyrsky, MZS partner, addressed the audience on Legal Protection of Intellectual Property Rights with Regard to Accession to the WTO, the article now published on Legal 500.

Proposed and potential amendments to the Russian Civil Code

October 2012 - Intellectual Property. Legal Developments by Pepeliaev Group.

More articles by this firm.

The amendments proposed for regulating disposals of exclusive rights continue the direction set when regulation of this important power was codified in detail.

Many of the proposals, such as, for example, amending the approach to registering grants of licences, have long been anticipated. They meet the modern requirements of both right holders and business. In view of this, they are, of course, welcome. The main danger for the future is that the administrative rules for performing the relevant state service contain excessive regulation.

Making amends: developments in Russia

September 2012 - Intellectual Property. Legal Developments by Pepeliaev Group.

More articles by this firm.

The first half of 2012 has been low key in terms of the further development of IP legislation. That said, work has continued on the amendments to the Russian Civil Code, with the corresponding draft law passed in its second reading.

The review of further development of IP legislation

September 2012 - Intellectual Property. Legal Developments by Pepeliaev Group.

More articles by this firm.

The first half of 2012 has been low key in terms of the further development of IP legislation. That said, work has continued on the amendments to the Russian Civil Code, with the corresponding draft law passed in its second reading.

Trade marks enforceable in relation to the goods for which they are registered

February 2012 - Intellectual Property. Legal Developments by Goltsblat BLP.

More articles by this firm.

Legal Update No. 325
 
Goltsblat BLP advises of the publication of Resolution of the Presidium of the Russian Supreme Court No. 8817/11 of 29 November 2011 upholding decisions of three lower courts in relation to a case on early termination of legal protection for the VECHERNIE trade mark with respect to goods under ICGS class 05 "pharmaceuticals" and "dietary substances for medical purposes" because the trade mark has been used during production and sale of biologically active supplements that are not on the registered list of goods.

Russian IP Legislation: Recent Developments

November 2010 - Intellectual Property. Legal Developments by Baker & McKenzie.

More articles by this firm.

A series of changes has recently been introduced into the Russian Intellectual Property Law for the purpose of bringing it into line with international agreements – including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Berne Convention for the Protection of Literary and Artistic Works – and to fulfill the requirements for accession to the World Trade Organization (WTO).

Priority registration of domain names in the new .РФ (.RF) Cyrillic domain

November 2009 - Intellectual Property. Legal Developments by Baker & McKenzie.

More articles by this firm.

Owners of trademarks and service marks registered in the Russian Federation will be able to obtain priority domain name registrations in the new Cyrillic .РФ domain and avoid cybersquatting, but this advantage may extend to owners of trademarks in Cyrillic only

New Rules of State Registration of Licence Agreements

A new legal act issued in Russia has revised the rules applicable to state registration of license agreements and other forms of disposal of rights in the field of intellectual property.

Interview with...

Law firm partners and practice heads explain how their firms are adapting to clients' changing needs

International comparative guides

Giving the in-house community greater insight to the law and regulations in different jurisdictions.

Select Practice Area

GC Powerlist -
Europe