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Appeal to courts

Counterfeiting, i.e. unfair use of somebody else's intellectual property, is most common in respect of a registered trademark. Many unfair competitors seek to use market reputation and popularity of a certain product or manufacturer and produce goods which appearance (label, packing) is confusingly similar to a registered trademark.

Copyright infringements are common also. Songs of famous performers, films, books are used illegally.

The rights of a patent holder are infringed far rarely, since it is more complex from the technical point.
In a case where it is detected that your exclusive rights are infringed by unfair competitors, measures should be taken immediately for suppressing illegal manufacture and sales of counterfeit products.

Protection against counterfeiting acts in courts

The law makers provide a right holder with several ways of protecting his/her interests, an infringer may be held liable under norms of the administrative, civil or even criminal law.

In order to protect infringed rights and recover a compensation under the civil legislation, the owner of a respective trademark or patent should apply to a court according to the established procedure.

During action proceedings the right holder may require:

  • issuing a court order restraining the defender from using the disputable means of individualization in the future;
  • recovering a compensation for illegal use of a registered intellectual property object;
  • restitution of damages caused.

The plaintiff may require a compensation for counterfeit goods:

  • in the twofold amount of the cost of products illegally bearing his/her trademark, or of the cost of the right to use the trademark (e.g., as if a license is granted for this means of individualization);
  • as the monetary equivalent in an amount from 10,000 rubles to 5,000,000 rubles.

Here, we would like to draw your attention to the fact that the plaintiff may either recover a compensation from the infringer, or may require that the damages caused should be restituted; the first variant is more common and simple in substantiation.