Other

If my Russian trademark is illegally used in a domain name, may I recourse to UDRP procedures in order to transfer the disputed domain name without litigation?

If the domain name is registered in one of the following generic Top-Level Domains (gTLDs): .com, .info, .net, .org, .biz, .name, .pro, .aero, .asia, .cat, .coop, .jobs, .mobi, .museum, .tel, .travel or in a new gTLD, your dispute may be resolved out of court on the base of the Uniform Domain-Name Dispute Resolution Policy (UDRP).

However, UDRP or similar dispute resolution proceedings are not currently available for .ru domains. In such cases, there are no options apart from litigation in court if the administrator does not concede to the trademark holder’s demand.

Who can sign a power of attorney to be submitted to the RUPTO, EAPO, Russian courts?

The signer does not have to hold any specific position or to be an executive of a certain rank. However, his or her position should be clearly indicated in the PoA. The signer should be duly authorized to act on behalf of the company, not just assigned to oversee certain cases. It is normally requested that the documents that empower the signer be mentioned in the text of the power of attorney. If the signer deals on the basis of a proxy, the powers of the person who have signed the proxy may also be checked. It is highly advisable that all the corporate titles coincide in different documents. For example, if the proxy is signed by the Chairman of the Board of Directors and the official title of the person who can sign according to the bylaws is Director, the respective Court may not accept the documents without requesting further clarifications.

Is it possible to file with the RUPTO several designs in one application?

Russian patent legislation requires that an industrial design application be related to one design or to a group of designs associated with each other so closely as to form a single creative concept (the requirement of unity of the industrial design).

The requirement is met in case there is:

  • one independent and distinct design or
  • one design and its variants differing from that design by visually non-essential features and/or by color combination or
  • a group of designs belonging to a set of articles and one or more designs for separate articles belonging to the same set of articles.

It is obligatory that all designs of the group belong to the same class of the Locarno classification.

In which cases can a work of art be freely used in advertising?

According to Russian Legislation on Intellectual property, a work of art is protected during the author’s life plus 70 years calculated from the beginning of the year following the author’s death. After that, the work passes into the public domain and can be freely copied, reproduced and used, including in advertising.

At the same time, it is important to mention another limitation that is set outside of intellectual property legislation.  According to the Federal Law “On the Museum Fund of the Russian Federation and museums in the Russian Federation”, the use of works of art that make part of Russian museums’ collections requires the Museum’s permission (regardless of their being in the public domain).