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Determination of a right holder

It is necessary to establish the right holder, if there exists a dispute over the right to use a property object (a work), but the personal non-property right of authorship is not disputed.

The right holder is established in a court acting on the basis of a statement of claim filed.

A case on establishing the right holder may be initiated not only in respect of a work, but also in respect of a patent for invention, a trademark and other intellectual property objects and means of individualization.

Procedure of filing a statement of claim with a court:

  • filing of a statement of claim that comprises the requirement to establish the right holder;
  • payment of the prescribed state fee;
  • provision of evidence to the court.

The establishment of the right holder is both a separate method for restoring infringed rights, and a legal ground for applying other protective measures. For example, if the dispute is resolved successfully, the right holder may recover a monetary compensation from the infringer for illegal use of the intellectual property object. The law makers have stipulated that such a compensation may amount to 5 million rubles.

The competent specialists of our Patent Bureau are ready to provide legal support to you:

  • in drafting a statement of claim;
  • in forming an evidence base and in preparing documents to be submitted to the court;
  • in protecting your interests in an arbitration court, the Intellectual Property Court or a court of general jurisdiction.