On November 14, 2024, the Supreme Court issued a Ruling according to which the costs of drafting letters of claim in a dispute on the infringement of exclusive rights are considered as litigation costs. The Attorney’s Newspaper asked experts for comments on this ruling, including Irina Ozolina, Senior Partner of «Zalesov, Timofeev, Gusev & Partners».
The advocate emphasized that the definition under consideration deserves special attention primarily because, in essence, it emphasizes that the legality of the application of legal norms by lower courts should be verified by the cassation court on its own initiative - regardless of the arguments contained in the cassation appeal.
The patent attorney also noted that the case under consideration is important for judicial practice on copyright infringement, since the Supreme Court upheld the ruling of the IP Court in the part in which the latter indicates that the reproduction and subsequent communication of the work to the public are one infringement with one economic purpose, since it is impossible to communicate to the public without reproduction.
Please follow the link for the full text of the article (in Russian).