Applicants Enjoy Continued Success In Russian IP Disputes

Published date08 July 2021
Subject MatterIntellectual Property, Litigation, Mediation & Arbitration, Copyright, Trials & Appeals & Compensation
Law FirmGorodissky & Partners
AuthorMr Vladimir Biriulin

IP owners would have often asked in the past if foreign and domestic businesses were equally treated in courts. In Russia, it is difficult to fathom why this ques tion sprang up once every few months because Russian courts have never differentiated between domestic participants and aliens.

In the meantime, courts were steadily gaining experience in adjudicating IP cases, though nevertheless, sometimes questions were raised in respect of the quality of the judgments.

Now, it seems that the hurdle has been overcome. Courts have accumulated vast experience in examining IP cases, and enforcement of IP is done by the local courts of the first and second instances, as well as by a specialised IP court.

The Supreme Court has recently aired a report showing that most disputes involving IP are solved in favour of IP owners. In common courts, the rate is about 80% in favour of IP owners (in 2020: 618 cases and 462 positive judgments - 75%). The respondents in these disputes are owners of pirate sites and infringers of copyright. The high rate may be explained by the fact that the infringers of this kind in many cases do not take seriously their misdemeanour with the result that the courts hand down most strict judgments against them.

In commercial courts, the rate of victories is even more impressive - in 2020: 22352 cases with 18185 positive judgments - 81%. This is even though that infringing legal persons are more qualified, they understand what they do, infringe knowingly (in most cases) and may engage experienced lawyers to counter attacks of...

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