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Protection in police authorities

The Russian laws provide for not only civil and administrative liability for infringing the right to use a patent or a trademark, but also criminal liability.

One should refer to police authorities for seeking protection in the following cases:

  • the essence of an innovation is disclosed before a patent for it is obtained;
  • the authorship of a development work is appropriated by a third party, which caused a major damage to the real author;
  • a third party forces you to take him/her as a coauthor, though he/she has not participated in the work on developing the innovation;
  • an invention, a utility model, an industrial design is used illegally;
  • facts of illegal use of your trademark are identified;
  • plagiarism in respect of your work is identified;
  • illegal use of a copyrighted object is identified.

A more severe sentence may be applied to offenders who committed the above acts in an organized group or a group of persons by preliminary collusion.

An affected party within the framework of criminal proceedings may also submit a civil claim for the purpose of recovering material losses and moral damages from the offender.

procedure of referring cases of patent right infringement to police authorities:

  • An application concerning a respective crime should be filed with a police authority;
  • Assistance to law-enforcement authorities should include submission of documents and information required for carrying out investigation and search activities.

In practice, patent holders very rarely seek protection against infringements of patent rights in police authorities, but this possibility is provided for in the law. Our specialists are ready to offer skilled assistance and detailed consultations to you, if you are going to file a claim with police authorities.