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MIL OSI Translation. Region: Russian Federation –

Source: Ministry of Economic Development (Russia) – An important disclaimer is located at the bottom of this article.

Russian President Vladimir Putin signed a law on the possibility of recovery by the winning party of expenses incurred based on the results of administrative consideration of disputes by Rospatent or the Russian Ministry of Agriculture.

In accordance with the Civil Code of the Russian Federation, issues of legal protection of a registered result of intellectual activity or a means of individualization are first considered by the body that registered the object of intellectual property and is responsible for this decision. If the parties still have claims, they continue the proceedings in court.

And if at the judicial stage the winning party can traditionally recover from the loser its costs – for lawyers, examinations, etc., then at the stage of consideration of the dispute in Rospatent, until recently, such costs could not be recovered. The Constitutional Court pointed this out in its decision.

Now expenses incurred by a party to a dispute considered administratively can be reimbursed. Moreover, if the claim is partially satisfied, the participants will bear expenses in proportion to the amount of the satisfied claims.

The adopted law applies to cases of protection of rights related to the filing and consideration of applications for patents for inventions, utility models, industrial designs, selection achievements, trademarks, service marks, geographical indications and appellations of origin of goods, with state registration of these results of intellectual activity and means of individualization, with the issuance of relevant title documents, challenging the provision of these results and means of legal protection or its termination.

Note; This information is raw content directly from the source of the information. This is exactly what the source states and does not reflect the position of MIL-OSI or its clients.

Please note; This information is raw content directly from the information source. It is accurate to what the source is stating and does not reflect the position of MIL-OSI or its clients.

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and or sentence structure not be perfect.

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