Protection of interests in the Chamber for Patent Disputes and Intellectual Property Rights Court

We provide a full range of legal services for the protection of intellectual property in the Chamber for Patent Disputes (CPD) and the Intellectual Property Rights Court (IPRC). Our clients can count on highly qualified legal support aimed at the successful resolution of patent disputes and intellectual property disputes.

Protection of interests in the Chamber for Patent Disputes

In case of infringement of your intellectual property rights, it is recommended to first consider the possibility of pre-trial settlement of the dispute, including administrative procedures. Going to court right away may not be advisable, as failure to comply with pre-trial processes may result in the return of the application by the court.

Certain categories of cases must be considered by the Chamber for Patent Disputes of the Federal Service for Intellectual Property, Patents and Trademarks (CPD):

• You were denied registration of a trademark in the territory of the Russian Federation.
• Your trademark was invalidated due to non-use.
• Your patent or trademark application was revoked.
• Your patent application was denied.
• You were denied legal protection in the territory of the Russian Federation for an industrial design or trademark under international registration.
• You consider the intellectual property to be unpatentable, etc.

Protection of interests in the Intellectual Property Rights Court

You can apply to the IPR Court if you want to:

• Challenge a decision to refuse to register a trademark or grant a patent.
• Invalidate the patent.
• Challenge the registration of someone else's trademark.
• Request the termination of trademark protection due to its non-use.
• Identify the person who is the owner of the exclusive right, and in other cases specified in Article 43. 4 of the Federal Constitutional Law of 28.04.1995 No. 1-FKZ (as amended on 31.07.2023) "On Arbitration Courts in the Russian Federation".

It is possible to proceed to the protection of rights in the court if the administrative procedure is not mandatory or has already been complied with. There may be other options for pre-trial settlement of the dispute, for example, sending a claim to the violator of your rights.

Step-by-step protection in the Chamber for Patent Disputes and Intellectual Property Rights Court proceeds as follows

Legal analysis of the situation and adoption of a legal position

In order to protect your rights or restore those that have already been violated, it is necessary, first of all, to determine what offenses have been committed and assess the likelihood of a new decision in your favor. For example, if you were denied registration of a trademark, you need to analyze whether the reason for refusal specified in the decision of Rospatent (Russian Federal Service for Intellectual Property) complies with the provisions of the law.

Based on the results of the analysis, a legal position is developed: the circumstances of the case are assessed and a system of arguments is formed, supported by the norms of the current laws, which together will effectively present the position on the case to the court.

Preparation and submission of an application to the court

If offences have been detected, it is necessary to prepare an objection or application and send it to the Chamber for Patent Disputes or Intellectual Property Rights Court having paid the state duty. In the document, it is necessary to provide arguments confirming your position, supported by references to the current laws and regulations of Rospatent.

If you have drafted the objection or statement incorrectly, failed to certify your authority, failed to pay the state duty, missed the appeal deadline, or failed to correct these deficiencies at a later date, it will result in the denial of the objection or statement by the Chamber for Patent Disputes and the return of the application to the Intellectual Property Rights Court .

Dispute Resolution

In the case of the Chamber for Patent Disputes, a meeting of the board of the Chamber for Patent Disputes is appointed to consider the dispute, and a court session is held in the Intellectual Property Rights Court. The main task at this stage is to present the most objective and strong arguments in support of your position.

Awarding judgement

Both Chamber for Patent Disputes and the Intellectual Property Rights Court have the right to either satisfy the application or refuse to satisfy it. If you do not agree with the decision of the Chamber for Patent Disputes (it is called an opinion), then you have the right to continue to protect your rights in court. If the court refuses to do so, you have the right to appeal to a higher authority.

For representation of your interests at all stages of protecting your rights in the field of intellectual property, you can contact the lawyers of GMT Legal. We assess the prospects and risks of the case, prepare objections, statements, and other procedural documents, monitor all procedural deadlines and payment of state fees, and submit them to the Chamber for Patent Disputes and the Intellectual Property Rights Court.

Our tariffs are designed taking into account the needs of clients and provide a full range of services for representation of interests in the Chamber for Patent Disputes and the Intellectual Property Rights Court without hidden surcharges. We strive to provide the utmost transparency and personalized approach to ensure that your experience of rights advocacy was positive. Contact us and we will promptly send you a commercial offer, taking into account the specifics of your business.

Why Choose Us?

• Expertise and experience. Our lawyers have in-depth knowledge in the field of intellectual property law.
• Personalized approach. We develop unique strategies for each client, taking into account their characteristics and goals.
• Efficiency. Our team strives for quick and successful dispute resolution, ensuring maximum protection of clients' rights.
• Professional Reputation. We are chosen for our impeccable reputation in the field of intellectual property disputes.

By choosing our services, clients can be sure of reliable protection of their rights and competent resolution of disputes.