Measures against trademark infringement

What measures can be taken against a trademark infringer in Russia?

Trademark infringement entails civil, administrative, and criminal liability.

In the frame of civil liability, the following remedies, inter alia, can be claimed:

• an injunction;
• withdrawal of goods from the market;
• destruction of goods and the means of their manufacturing;
• damages to a proven amount;
• compensation to the amount of:
  • 10,000 to 5 million rubles, subject to the court’s decision; or
  • double the value of the goods on which the trademark is illegally placed; or
  • double the reasonable royalties.

Civil cases are initiated by rights holders and such claims are considered in court. If a dispute is raised between two legal entities, the due venue is a government economic court (called an “arbitrazh court”) in the region where the defendant is located.

Administrative liability provides an administrative fine for legal entities (from 50,000 to 200,000 RUB) and confiscation and destruction of goods.

Criminal liability stipulates a fine of up to 300,000 RUB or the amount of the condemned person’s salary or other income for a period of up to 24 months, or compulsory works for a period of 480 hours, or corrective labor for a term not exceeding 2 years.

Administrative and criminal cases are initiated by the relevant state authorities with further consideration in court.