Intellectual Property in Russia

Russia protects trademarks, copyright, patents and other results of creative work under Part Four of the Civil Code. Copyright arises automatically when a work is created. Trademarks and patents protect you only after registration with Rospatent. Foreign rights holders enjoy the same protection as Russian ones, but a US registration alone gives no rights in Russia.

Attorney Elena Petrova helps brand owners, authors and inventors from California secure their rights in Russia and enforce them. The guide below covers each type of right and how disputes are handled.

Registering a Trademark With Rospatent

A trademark is registered for ten years from the filing date and can be renewed any number of times. You can file directly in Russia or extend an international registration under the Madrid system. Examination checks distinctiveness and conflicts with earlier marks, and the office may issue objections you have to answer.

If a registered mark is not used continuously for three years, any interested person can ask the court to cancel it. Brand owners should keep evidence of use in Russia: contracts, invoices, advertising and product photos.

Copyright and Related Rights

Books, software, photos, music, designs and websites are protected from the moment of creation. No filing is required. The exclusive right generally lasts for the author's life plus seventy years. Software and databases can be registered with Rospatent voluntarily, which helps prove authorship and date.

Rights to works made by employees in the course of their duties belong to the employer, unless the contract says otherwise. With freelancers, rights pass only under a written assignment or licence. Many disputes start because this document was never signed.

Patents for Inventions, Utility Models and Designs

Patents are granted by Rospatent after examination. Terms differ by object, and each patent requires annual fees to stay in force.

A foreign applicant can claim priority from a US application if filing in Russia within the treaty deadline.

Licences, Assignments and Registration of Deals

Rights to registered objects can be sold or licensed, but the transfer must be registered with Rospatent. Without registration the transfer is treated as not having happened. Licences should state the territory, term, permitted uses and royalty.

Payments of royalties from Russia abroad are subject to currency control and withholding tax.

Enforcing Rights Against Infringers

Enforcement usually begins with a written claim to the infringer. In most commercial disputes a pre-trial claim is required before going to court. If there is no answer, you file a lawsuit for an injunction, removal of goods and compensation.

The Civil Code lets the rights holder claim either proven damages or statutory compensation within fixed limits, without proving actual loss. Online infringement can also be blocked through a court procedure involving Roskomnadzor. Trademark owners may add their marks to the customs register to stop counterfeit imports at the border.

Where IP Disputes Are Decided

Disputes between businesses go to state commercial courts, while cases involving individuals go to courts of general jurisdiction. Challenges to Rospatent decisions and appeals in cassation go to the specialised Intellectual Property Court in Moscow.

Evidence matters most. Notarised screenshots of websites, test purchases and expert opinions are standard tools and should be prepared before the infringer learns of your claim.

Protecting Your Rights With an Attorney

We audit which rights you hold in Russia, file trademark applications and draft licences and assignments. When an infringement appears, we collect evidence, send the claim and represent you in court.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.