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Industrial Design Enforcement in Russia

Enforcement of design rights in Russia

What means can be used to enforce design rights in Russia?

The following options for enforcement of industrial design rights in Russia are available to a rights holder:

  • Courts (infringement case)
  • Federal Antimonopoly Service (unfair competition action). The outcome of such actions is somewhat unpredictable, since the administrative body responsible does not have clear-cut procedures for consideration of such cases. Therefore, it has considerable leeway in making decisions.
  • Rospatent (administrative action in case of a third party’s design patent invalidation).

Unfortunately, in most design cases, it is difficult to prevent infringing goods from entering Russian territory, because Russian customs does not have instruments for design protection; only trademarks and copyright can be recorded in the customs register.

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Other questions
Which Russian IP rights are covered by the notion “means of individualization”?
Is it possible to file with the RUPTO several designs in one application?
Our software has been registered with the Italian Society of Authors and Publishers (SIAE). To obtain protection in Russia, do we have to register it in your country? Is the foreign registration automatically recognized?
Who can sign a power of attorney to be submitted to the RUPTO, EAPO, Russian courts?
In which cases can a work of art be freely used in advertising?

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