Patents—Russia—Q&A guide
Patents—Russia—Q&A guide

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

  • Patents—Russia—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 Russia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2020).

Authors: Gorodissky & Partners—Nikolay Bogdanov; Vladimir Biriulin

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?

When infringement of patent rights occurs, it is possible to initiate administrative, civil or criminal proceedings. In the case of administrative proceedings, the patent holder shall lodge a complaint with the police. The police officers shall draw up an infringement report and initiate an administrative court action. The police may also initiate an administrative court action on their own initiative if they find infringement. The plaintiff in the administrative court action will be the police.

The patent holder may also initiate an administrative case in the anti-monopoly body, which considers the case itself. Its decision may be appealed in court.

The patent holder may initiate a civil court action and be the plaintiff in court proceedings.

If a criminal action has to be initiated, the patent holder shall lodge a complaint with the police, who will initiate a criminal case in court. However, a criminal case will be considered by the court only if the damage suffered by the patent holder is considerable.

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