Patents—Eurasia—Q&A guide
Patents—Eurasia—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Patents—Eurasia—Q&A guide
  • 1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?
  • 2. What is the format of a patent infringement trial?
  • 3. What are the burdens of proof for establishing infringement, invalidity and unenforceability of a patent?
  • 4. Who may sue for patent infringement? Under what conditions can an accused infringer bring a lawsuit to obtain a judicial ruling or declaration on the accusation?
  • 5. To what extent can someone be liable for inducing or contributing to patent infringement? Can multiple parties be jointly liable for infringement if each practises only some of the elements of a patent claim, but together they practise all the elements?
  • 6. Can multiple parties be joined as defendants in the same lawsuit? If so, what are the requirements? Must all of the defendants be accused of infringing all of the same patents?
  • 7. To what extent can activities that take place outside the jurisdiction support a charge of patent infringement?
  • 8. To what extent can ‘equivalents’ of the claimed subject matter be shown to infringe?
  • 9. What mechanisms are available for obtaining evidence from an opponent, from third parties or from outside the country for proving infringement, damages or invalidity?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to patents in Eurasia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: PETOŠEVIĆ—Natalia Osipenko; Mayya Pak; Ivan Nagornykh

1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?

The Eurasian patent has effect on the territory of eight contracting states of the Eurasian Patent Convention (EAPC) and the Eurasian Patent Organization (EAPO): Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan and Turkmenistan. While the Eurasian patent system provides for a uniform application procedure for physical and legal persons to protect their inventions on the basis of a single Eurasian patent, valid in the territory of member states, there is no unified procedure to enforce a Eurasian patent and no unified court for considering related disputes. Disputes arising as a result of patent infringement are considered by national courts or other competent authorities of each contracting state where the infringement took place, providing for the same civil or other liability as in the case of their national patents.

Although civil, administrative and criminal proceedings are available for enforcing patent rights in almost all contracting states, with certain exceptions, the most efficient option remains civil proceedings before national courts. In

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