Choosing The Right Protection

Neither the Russian Civil Code nor other statutory regulations or official guidelines contain a specific definition of 'trade dress'.

In IP practice, the term is widely used to denote a product's visual appearance – that is, its packaging and other elements used to promote a product where these are capable of signifying its origin. IP practice suggests that 'trade dress' should be interpreted broadly as a legal term to include the product label, the design of the product and its packaging and the interior and exterior design of points of sale.

Trade dress can be said to function as a means of individualisation and should thus enjoy protection under civil legislation.

Trademark or industrial design?