Watching services

We review all of the new Trademarks published by the Russian PTO and notify our clients of Trademarks, which we consider, are of unfair competition. Cancellation proceedings can then be prosecuted before the Board of Appeals and the Higher Patent Chamber. When the patentability of our clients’ Trademark or Service Mark is under question, our attorneys are highly experienced in litigating against any infringements.

We can also register your Intellectual Property in the Federal Service for Intellectual Property, Patents and Trademarks provide you with the following rights

• Identification of infringers and grey market companies and individuals
• Control of unauthorised distribution channels and shipments
• Prevention of the occurrence of infringement during the import to or export from Russia
• Development of your goods or services market in Russia
• Prohibiting competitors from benefiting from the reputation of your goods or services
• Identification of royalty underpayment of licensed goods or services
• Maximizing the revenue of your Intellectual Property in Russia
• Creating a strong image and reputation of your Intellectual Property and enabling Russian consumers to enjoy the benefits derived from the quality of your goods or services.

Trademarks and Domain names

We assist our clients in the acquisition, transfer and maintenance of second and third level domain names. Timely registration, especially for Trademark owners of legitimate and registered marks is vitally important due to the absence of any effective legislation regulating the use and misuse of domains.

Domain name and online intellectual property protection services include:

• Expedited registration of domain names as Trademarks
• Challenging or mediating with and, where appropriate, negotiating with domain name squatters and infringers
• Challenging or mediating with and, where appropriate, representing clients before the Courts, antimonopoly and bodies.

Russian jurisdiction is responsible for court cases with domain names:
– registered in the zones .ru, .su, .рф;
– registered in other domain zones by Russian registrars.

In cases of infringement of trademarks that do not fall under Russian jurisdiction (for example, domain name in the «.com» zone, registered by non-Russian Registrar), we also provide services for the preparation of complaints and conducting cases in accordance with the rules of the UDRP.

UDRP administrative proceedings

We represent our clients in administrative proceedings under the UDRP Rules. The UDRP Rules applies to domain names in 76 national domain zones and several dozen common domain zones (.com, .net, .pro, .top, etc.).

The advantages of the UDRP proceedings:

1. 1. Terms of the consideration (in general, the term of consideration of the complaint is not more than 60 days);
2. 2. The possibility of considering cases against foreign defendants and foreign domain names;
3. 3. No need to establish the identity of the defendant;
4. 4. Consideration of the case online: after sending a complaint, the administrative panel considers the case on the basis of the submitted documents without calling the parties;
5. 5. Automatic execution of the decision by the registrar.

Our services include full support of administrative proceedings UDRP from drawing up a complaint to receiving a decision.

Copyright

Copyright includes the exclusive (proprietary) right to the artwork and the non-proprietary rights of the author. To grant copyright protection, a work must meet two criteria: it must have a creative character and exist in an objective form. At the same time, the creative nature of the work is assumed until proven otherwise. For the emergence of copyright protection, no formalities are required: a creative work that exists in any objective form automatically becomes the object of copyright protection. Not only artworks published or located on the territory of Russia are protected, but also artworks published or located in foreign states that, as Russia, are members of the relevant international conventions.

The exclusive right to an artwork includes its use by any legal means: reproduction, distribution, translation or other processing, etc. Such using without the permit of the copyright holder is unacceptable and is an infringement, with rare exceptions, established by the Civil Code of the Russian Federation.

The term of the exclusive rights is the entire period of the author’s life and 70 years after his death.

Moral rights of the author include the right of authorship, the right of the author to the name, the right to the inviolability of the work, and the right to publication.

For the most part, it is the exclusive rights that are infringed, although it is often possible to find infringement of moral rights.

Recently, deliberately false complaints about the infringement of exclusive rights on giant video hosting services and other large Internet sites have become frequent. As a result of such complaints, the original material is unlawfully removed, and its copyright holder is forced to prove that there was no infringement.

Our company provides services both for the protection of infringement rights, and in representing the interests of copyright holders in connection with the sending of false complaints to them and the removal of artworks.

Customs seizure

ARS-Patent has significant experience in working with the Russian Customs authorities on the importation of goods. In order to prevent counterfeit products from entering the Russian market, we can request seizure at Customs points by placing Trademarks on the special watch list.

Legal Services

Our practice is devoted to the protection of our clients’ rights to their Intellectual Property. This includes consultancy in all
matters of development, use and protection of their IP. The negotiation of agreements such as cession and coexistence agreements, and representation of clients’ interests before the Courts and administrative bodies.

Our attorneys have successfully represented the interests of International and Russian companies and corporations. Particularly in instances such as appealing the decisions of the administrative bodies, suppressing infringement activities, and recovering the damages caused to our clients’ Intellectual Property.

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