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Patent infringement in Russia can be considered by court or law enforcement agencies as an infringement of an exclusive right protected by  civil law, administrative law (article 7.12 of the Administrative Code), or even as a crime punishable by a criminal sanction (article 14 of the Criminal code).

As a firm of attorneys-at-law (advocates) and patent attorneys, we can combine the best skills of both professions to provide our clients with an advanced and cost-effective service to enforce their patent rights or defend them against a suit based on a patent right. We are experienced to act for patent owners as well as alleged patent infringers specializing in Pharmaceuticals (including biotech), IT and microelectronics.

Patent infringement case in civil law proceedings starts in Russia by filing a suit with the local court where a defendant is located. The warning letter to the alleged infringer is to be sent at least 1 month before the suit is filed if the plaintiff claims damages or compensation. Depending on the goals the letter should either include only the requirement to stop infringement immediately or also to pay compensation (damages).

 

Article 1252 of the Russian Civil Code provides that a patent owner has the right to claim for :

  • final injunction;
  • seizure and destroying of infringing goods (in case we can collect evidence of the location of infringing goods);
  • seizure and destroying of equipment used mostly for manufacturing of infringing goods (in case we can collect evidence of the location of such equipment and prove that this equipment is used for this type of infringement);
  • publication of court decision in mass media;
  • reinstatement of damages or payment of a lump sum compensation instead (in an amount up to RUR 5,000,000 or double reasonable royalty rate).