IP Litigation & Enforcement Guide
Published date | 14 June 2021 |
Subject Matter | Intellectual Property, Litigation, Mediation & Arbitration, Copyright, Patent, Trademark, Trials & Appeals & Compensation, Civil Law |
Law Firm | Rouse |
Author | Yana Tsygakova |
A brief guide addressing common questions and concerns of the IP litigation and enforcement landscape in Russia
To download the guide, please click here.
To see other released IP Litigation & Enforcement guides on separate jurisdictions, please click here.
Is your jurisdiction a common law or civil law jurisdiction?
Civil law jurisdiction.
What methods are there for enforcing IP rights in your jurisdiction?
What courts have jurisdiction to handle civil IP cases?
Both the courts of general jurisdiction and state commercial courts have the jurisdiction to handle civil IP cases. In addition, the Russian Intellectual Property Court was created in 2013 and specialises in commercial civil cases.
Is there any bifurcation of proceedings? For example, for determining validity or damages?
Civil proceedings in Russia do not provide the option of bifurcation of proceedings.
What are procedures for civil enforcement?
A civil action is initiated by filing a Statement of Claim to the competent court. The residence or location of the defendant will establish the jurisdiction of the court. A trial begins after the Statements of Claim have been accepted. The Defendant should submit their Defence to the court before the start of trial. As Russia does not have a discovery system, both parties should collect and secure all evidence before the lawsuit.
Is a power of attorney needed for civil action to be brought? If so what are the procedures and time lines?
A power of attorney is necessary to take civil action in Russia. A power of attorney must be submitted in order to file a civil claim or application for an interim injunction. A power of attorney must be notarised and apostilled. In specific, a notary officer must certify a power of attorney and verify that the Principal is duly authorised by a rights holder, and the power of attorney must then be apostilled. These steps must be completed in order for it to be used in a civil action (or in any other court or official representation action before the authorities).
What is the average time to trial in a civil case?
The average duration of civil proceedings will depend on the complexity of the case. Decisions from a first instance court can usually be obtained within six to nine months for the average straightforward case.
What is the language of the proceedings? Is there a choice of language?
Proceedings are conducted in the Russian language. There is no choice of language but interpretation services may be provided to...
To continue reading
Request your trial