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Provisional protection for industrial designs in Russia

15 January 2019

New important amendments related to the state registration of industrial designs are going to enter into force this summer. Federal Law of December 27, 2018 № 549-FZ "On amendments to the fourth part of the Civil Code of the Russian Federation" introduces provisional protection for industrial designs, similar in meaning to the provisional protection of inventions, which implies:

  • opportunity to publish the industrial design application on the applicant’s request after formal examination is complete;
  • opportunity for the design owner to claim monetary compensation after the registration of the design in case of an unauthorized use of the design by a third party between the date of the publication of the application and the date of the publication of the information on the granted patent.

Meanwhile, after the publication any person can have access to the application documents.

These amendments are mostly aimed to support the fashion industry and to provide more effective ways of protection of designers’ rights.

The Law enters into force on June 27, 2019. We are ready to provide additional information at your request.