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1. THE IP SERVICES MARKET IN RUSSIA
To many, intellectual property rights and protections exist in Russia merely in name; to others they dictate cautious brand development in high-risk market. It is a major challenge for Pepeliaev Group to dispel such fears and provide a different insight into enforceable client protection in Russia and abroad.
Over recent years, the IP services market in Russia has changed beyond all recognition. The growing understanding on the part of the government and companies doing business in Russia of the importance of IP rights protection and management now requires truly comprehensive legal support in this sphere.
The development of open market relations in Russia has stimulated a need to draft and enact legislation, including Part IV of the Russian Civil Code, which corresponds to international standards and regulates relations in the sphere of IP use. It also became vital to create the institution of trademark and patent attorneys ensuring its enforcement.
During Soviet times, the Department for Invention Patenting, a division of the USSR Chamber of Commerce and Industry, provided the only services involving protection and maintenance of IP assets. During these times, the USSR Chamber of Commerce and Industry enjoyed a monopoly for providing services to protect rights to various IP assets. This monopolistic approach to IP protection created inherent conflicts of interest as government officials served both client representation and governmental registration positions.
When this monopoly disappeared, it was replaced by companies employing IP specialists and individual patent attorneys offering pre-trial protection of IP rights. Judicial disputes over violations of IP rights were, however, rare and there were few lawyers specialising in the protection of IP rights.
Pepeliaev Group was one of the first law firms to enter the market in Russia offering a full range of legal services, including comprehensive solutions to IP-related matters. Our versatile team of professionals takes into account clients’ needs and draws expertise from a broad range of completed projects. We are open to innovative solutions, sensitive to new business demands and flexible in incorporating new technologies in the work of our rapidly growing practice.
4. THE IP SERVICES WE OFFER. RELEVANT EXPERIENCE
4.1. IP DISPUTE RESOLUTION
4.2. ANTIPIRACY INITIATIVES
4.3. IP CONSULTING
4.4. STATE REGISTRATION OF IP ASSETS
Pepeliaev Group’s IP practice provides comprehensive legal support for our clients’ IP rights management in Russia. Starting with registration of IP rights with the relevant authorities and at every stage of IP right use and protection, Pepeliaev Group is standing by with professional advice.
We provide legal assistance to clients in IP-related spheres, including advertising campaigns and antimonopoly concerns, pre-trial settlement of disputes on behalf of clients and management of IP rights.
Pepeliaev Group offers highly efficient antipiracy initiatives and successfully defends clients’ IP rights in courts and before the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent), alternative dispute resolution bodies, antimonopoly authorities and other competent government agencies.
4.1. IP DISPUTE RESOLUTION
Pepeliaev Group is the leading Russian firm in both protecting and enforcing clients’ IP rights against infringement and providing legal support in negotiations and disputes in Russia and abroad.
We specialise in dispute resolution relating to all kinds of IP, including trademarks, licensing and franchising agreements, copyright agreements, database rights, Internet-related disputes, etc.
We offer effective legal solutions against unfair competitors that abuse our clients’ intellectual property in Russia.
Pepeliaev Group lawyers are among the leaders in Russia in providing advice in the following spheres:
– IP/IT dispute resolution, including proceedings at all national levels, courts, arbitration, mediation and other forms of alternative dispute resolution;
– trademark, service mark and patent-related dispute resolution at the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent);
– domain name-related disputes;
– negotiations and settlement of disputes involving IP rights;
– litigation, arbitration and mediation involving infringement of copyright in the Internet;
– dispute resolution relating to licensing and franchising agreements;
– dispute resolution regarding infringement of exclusive rights to trade secrets (know-how);
– dispute resolution relating to advertising law violations.
Criminal defence services
Our attorneys represent clients (including those aggrieved by third parties) before the law enforcement authorities when applying criminal legislation on liability for infringement of copyright and related rights, patent rights, as well as for illegal trademark use.
4.2. ANTIPIRACY INITIATIVES
Pepeliaev Group proactively fights against piracy and distribution of counterfeit products, working closely with major government and private institutions and companies. Our knowledge of local markets and their players coupled with a true understanding of local mentality and traditions help us effectively fight against piracy and achieve the goals we set. In our antipiracy efforts, we provide the following services to our clients:
– monitoring and enforcement of IP rights in Moscow and other regions of Russia;
– undertaking antipiracy initiatives at all stages, beginning with establishing secure protection at customs and initiating raiding of pirates’ premises, up to and including representing our clients in court over violations of their rights by pirates;
– cooperating with government and non-profit organisations, IP rights enforcement agencies and other institutions and private companies regarding the most efficient protection of our clients’ IP rights against piracy.
4.3. IP CONSULTING
We advise our clients on structuring the most efficient models for use of IP assets and disposal of exclusive rights to IP assets rights from civil law, antimonopoly, tax and customs law perspectives.
We have vast experience in negotiating, advising on and drafting documents relating to:
– due diligence of IP assets;
– IP-related tax issues;
– granting the right to use IP or dispose of exclusive IP rights within M&A transactions;
– licensing agreements, franchising agreements and contracts transferring exclusive IP rights;
– import, export and distribution of goods created with the use of intellectual property;
– confidentiality and protection of information;
– service/agency agreements;
– advertising and marking of goods;
– other services relating to intellectual property.
4.4. STATE REGISTRATION OF IP ASSETS
Pepeliaev Group patent attorneys act for clients in matters relating to the state registration of IP assets, IP licensing agreements and contracts for the disposal of exclusive IP rights with the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent). Our attorneys also act for clients in IP enforcement before Rospatent’s Russian Chamber of Patent Disputes. In particular, they focus on the following:
– applying to government authorities for registration, modification and termination of franchising agreements, licensing agreements and contracts for the disposal of exclusive IP rights;
– conducting preliminary and comprehensive searches from the perspective of IP novelty;
– registering, renewing and cancelling state registration of IP assets;
– drafting and filing applications for IP registration;
– renewing trademark registrations;
– representing clients in trademark opposition proceedings;
– registering trademarks with the customs authorities exercising control over imports;
– monitoring the current status of clients’ trademark portfolios;
– drafting and filing applications and objections against third parties’ objections to trademarks.
To many, intellectual property rights and protections exist in Russia merely in name; to others they dictate cautious brand development in high-risk market. It is a major challenge for Pepeliaev Group to dispel such fears and provide a different insight into enforceable client protection in Russia and abroad.
Over recent years, the IP services market in Russia has changed beyond all recognition. The growing understanding on the part of the government and companies doing business in Russia of the importance of IP rights protection and management now requires truly comprehensive legal support in this sphere.
The development of open market relations in Russia has stimulated a need to draft and enact legislation, including Part IV of the Russian Civil Code, which corresponds to international standards and regulates relations in the sphere of IP use. It also became vital to create the institution of trademark and patent attorneys ensuring its enforcement.
During Soviet times, the Department for Invention Patenting, a division of the USSR Chamber of Commerce and Industry, provided the only services involving protection and maintenance of IP assets. During these times, the USSR Chamber of Commerce and Industry enjoyed a monopoly for providing services to protect rights to various IP assets. This monopolistic approach to IP protection created inherent conflicts of interest as government officials served both client representation and governmental registration positions.
When this monopoly disappeared, it was replaced by companies employing IP specialists and individual patent attorneys offering pre-trial protection of IP rights. Judicial disputes over violations of IP rights were, however, rare and there were few lawyers specialising in the protection of IP rights.
Pepeliaev Group was one of the first law firms to enter the market in Russia offering a full range of legal services, including comprehensive solutions to IP-related matters. Our versatile team of professionals takes into account clients’ needs and draws expertise from a broad range of completed projects. We are open to innovative solutions, sensitive to new business demands and flexible in incorporating new technologies in the work of our rapidly growing practice.
4. THE IP SERVICES WE OFFER. RELEVANT EXPERIENCE
4.1. IP DISPUTE RESOLUTION
4.2. ANTIPIRACY INITIATIVES
4.3. IP CONSULTING
4.4. STATE REGISTRATION OF IP ASSETS
Pepeliaev Group’s IP practice provides comprehensive legal support for our clients’ IP rights management in Russia. Starting with registration of IP rights with the relevant authorities and at every stage of IP right use and protection, Pepeliaev Group is standing by with professional advice.
We provide legal assistance to clients in IP-related spheres, including advertising campaigns and antimonopoly concerns, pre-trial settlement of disputes on behalf of clients and management of IP rights.
Pepeliaev Group offers highly efficient antipiracy initiatives and successfully defends clients’ IP rights in courts and before the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent), alternative dispute resolution bodies, antimonopoly authorities and other competent government agencies.
4.1. IP DISPUTE RESOLUTION
Pepeliaev Group is the leading Russian firm in both protecting and enforcing clients’ IP rights against infringement and providing legal support in negotiations and disputes in Russia and abroad.
We specialise in dispute resolution relating to all kinds of IP, including trademarks, licensing and franchising agreements, copyright agreements, database rights, Internet-related disputes, etc.
We offer effective legal solutions against unfair competitors that abuse our clients’ intellectual property in Russia.
Pepeliaev Group lawyers are among the leaders in Russia in providing advice in the following spheres:
– IP/IT dispute resolution, including proceedings at all national levels, courts, arbitration, mediation and other forms of alternative dispute resolution;
– trademark, service mark and patent-related dispute resolution at the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent);
– domain name-related disputes;
– negotiations and settlement of disputes involving IP rights;
– litigation, arbitration and mediation involving infringement of copyright in the Internet;
– dispute resolution relating to licensing and franchising agreements;
– dispute resolution regarding infringement of exclusive rights to trade secrets (know-how);
– dispute resolution relating to advertising law violations.
Criminal defence services
Our attorneys represent clients (including those aggrieved by third parties) before the law enforcement authorities when applying criminal legislation on liability for infringement of copyright and related rights, patent rights, as well as for illegal trademark use.
4.2. ANTIPIRACY INITIATIVES
Pepeliaev Group proactively fights against piracy and distribution of counterfeit products, working closely with major government and private institutions and companies. Our knowledge of local markets and their players coupled with a true understanding of local mentality and traditions help us effectively fight against piracy and achieve the goals we set. In our antipiracy efforts, we provide the following services to our clients:
– monitoring and enforcement of IP rights in Moscow and other regions of Russia;
– undertaking antipiracy initiatives at all stages, beginning with establishing secure protection at customs and initiating raiding of pirates’ premises, up to and including representing our clients in court over violations of their rights by pirates;
– cooperating with government and non-profit organisations, IP rights enforcement agencies and other institutions and private companies regarding the most efficient protection of our clients’ IP rights against piracy.
4.3. IP CONSULTING
We advise our clients on structuring the most efficient models for use of IP assets and disposal of exclusive rights to IP assets rights from civil law, antimonopoly, tax and customs law perspectives.
We have vast experience in negotiating, advising on and drafting documents relating to:
– due diligence of IP assets;
– IP-related tax issues;
– granting the right to use IP or dispose of exclusive IP rights within M&A transactions;
– licensing agreements, franchising agreements and contracts transferring exclusive IP rights;
– import, export and distribution of goods created with the use of intellectual property;
– confidentiality and protection of information;
– service/agency agreements;
– advertising and marking of goods;
– other services relating to intellectual property.
4.4. STATE REGISTRATION OF IP ASSETS
Pepeliaev Group patent attorneys act for clients in matters relating to the state registration of IP assets, IP licensing agreements and contracts for the disposal of exclusive IP rights with the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent). Our attorneys also act for clients in IP enforcement before Rospatent’s Russian Chamber of Patent Disputes. In particular, they focus on the following:
– applying to government authorities for registration, modification and termination of franchising agreements, licensing agreements and contracts for the disposal of exclusive IP rights;
– conducting preliminary and comprehensive searches from the perspective of IP novelty;
– registering, renewing and cancelling state registration of IP assets;
– drafting and filing applications for IP registration;
– renewing trademark registrations;
– representing clients in trademark opposition proceedings;
– registering trademarks with the customs authorities exercising control over imports;
– monitoring the current status of clients’ trademark portfolios;
– drafting and filing applications and objections against third parties’ objections to trademarks.