Counseling & Litigation

IP Litigation and Dispute Resolution

Unfair Competition
Trusted adviser in unfair competition cases
Trademark Non-Use Cancellation
Assisting clients in non-use cancellation actions
Patent Validity Disputes
Representing clients in patent validity disputes
Trademark Enforcement
Representing parties in TM enforcement disputes
Patent Enforcement
Assisting patentees to enforce their rights
Other IP Disputes
Other cases of IP litigation and dispute resolution

IP Counseling

Amendments to Registration Documents
Making amendments to state registers, certificates, and letters patent
Licenses and Pledges
Drafting license and franchise agreements, recordation of pledges
Assignment and Transfer of IP Rights
Drafting agreements on IP rights assignment
Trade Names
Advising on trade (business) names
Company Names
Advising on the choice and use of the company name
Know-How
Counseling on protection regime

Sojuzpatent offers a wide range of legal services in the IP sphere, including the following:

  • drafting all kinds of IP-related agreements, cease-and-desist letters, copyright works deposition, notarization and legalization of documents, and legal translation
  • IP litigation on patent infringement, breach of licenses, trade secret issues, trademark infringement, copyright infringement, unfair competition, and administrative cases that involve import-export operations
  • protecting clients’ interests in the Russian Patent and Trademark Office, including the Chamber for Patent Disputes, and Eurasian Patent Office in connection with patent and trademark proceedings
  • representing clients’ interests before the Federal Customs Service and other law enforcement authorities
  • issuing legal opinions regarding the validity and/or noninfringement, freedom-to-operate opinions (based on legal and technical knowledge)
  • due diligence associated with intellectual property acquisition, transfer, and ownership
  • counselling on the procedures for documenting the IP rights to avoid their loss
  • defending from cybersquatters and others who improperly register and use Internet domain names that are identical or confusingly similar to our clients’ names or trademarks (through UDRP procedure or in court)

Mr. Maxim V. Mikhailov, Head of Legal Department
Head of Legal Department
DO YOU HAVE ANY QUESTIONS? ASK OUR EXPERT!

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

If my Russian trademark is illegally used in a domain name, do I have 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.


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

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 Locarno classification class.


What is the deadline for filing a divisional application in Ukraine?

What is the deadline for filing a divisional application in Ukraine?


Unlike Russian or Eurasian patent rules (under which a divisional application can be filed before the patent registration or before the lapse of the period allowed for challenging the refusal decision), Ukrainian legislation allows filing a divisional application only before the decision on the initial application is issued (decision of grant or refusal). This limitation is often a stumbling point for applicants familiar with Russian and Eurasian patent regulations.


Get a Quote for a UKRANIAN Application

Which Russian IP rights are covered by the notion “means of individualization”?

Which Russian IP rights are covered by the notion “means of individualization”?


In Russian law, all IP rights are divided into two large groups:

  1. Results of intellectual activity and
  2. Means of individualization.

Means of individualization include:

  • trademarks (service marks);
  • company names;
  • appellations of origin of goods;
  • geographical indications;
  • commercial designations (trade names).

Means of individualization serve to differentiate a business or its goods or services and are subject to legal protection on a par with results of intellectual activity. Specific features of legal protection provided to each IP right are regulated by separate sections in the Russian Civil Code.


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

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 has 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.