I. Available Reliefs
Only Russian patents, which are granted by the Russian Patent
Office (RU PTO) under the national procedure or PCT-application
process, and Eurasian patents, which are granted by the Eurasian
Patent Office (EAPO), are enforceable, and, therefore, subject to
litigation in Russia. Foreign patents as well as patents pending
cannot be litigated, although pending patents are granted a
provisional (interim) protection.
Patent infringement may be established through civil,
administrative and/or criminal proceedings (actions). Civil
proceedings and litigation remain the most efficient option for
patent enforcement in Russia.
In the course of a civil action, it is possible to claim both
injunctive and monetary reliefs. Monetary relief may lead to a
compensation in the amount of up to 5,000,000 Russian Ruble (RUB),
or double the cost of the patent license (royalties are calculated
on the basis of market situation), if applicable. Seizure
