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Defense in the Antimonopoly Service

The Russian legislation provides for the administrative, civil and even criminal liability for infringement of patent rights.
Thus, a right holder has several methods for protecting his/her infringed exclusive rights to an intellectual property object, depending on a type of offence and on an extent of damage caused.
One of these methods of protection against unfair competition is the protection under the administrative law. Issues of unfair competition are within the competence of the Federal Antimonopoly Service of Russia.
In a case where your right to use a patent or a trademark is infringed by a third party, you may seek assistance from the Federal Antimonopoly Service.

Procedure followed by fas when an application on infringement of exclusive rights is received by it:

  • the FAS is obliged to check the fact described in the application and institute legal proceedings in respect of administrative offence;
  • a case should be considered within 4-6 months (it is recommended that the right holder should submit to the FAS an evidence, as fullest and detailed as possible, on the fact of infringement);
  • an order is issued that the infringer should stop illegal use of the intellectual property object, and an administrative fine is imposed on him/her;
  • a FAS decision may be also challenged in a court.

Specialists of our patent bureau are ready to provide skilled assistance in:

  • analyzing a fact of unfair competition and assessing reasonability of applying to the FAS;
  • choosing a legal position and preparing documents required for applying to the FAS;
  • representing you during consideration of the administrative case in the FAS;
  • if necessary, we can make an appeal against a FAS decision in a court.