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ARTICLE · 03 MAY 2016

Demand Letters Are Now Mandatory In Russia

Gowling WLG
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For the last 20 years, at least, there were no legal conditions that had to be met prior to filing a trademark or patent infringement lawsuit in Russia.

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For the last 20 years, at least, there were no legal conditions that had to be met prior to filing a trademark or patent infringement lawsuit in Russia. This will change this coming June, after which prospective plaintiffs will need to send a demand letter to the suspected infringer before an action is initiated.

New Federal Law no 47-FZ "On Introduction of Amendments to the Commercial Litigation Code", dated 2 March 2016, stipulates that a civil law dispute can be filed with the commercial court only after the parties have attempted pre-trial resolution of the issues, and in any case, no earlier than 30 calendar days from the date when a demand letter was sent.

This new requirement is incorporated into par. 5 of Article 4 of the Commercial Litigation Code. The Code provides some exceptions to the rule. For example, preliminary notification is not required for cases that relate to:

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