Intellectual Property Lawyer in Moscow | IP Registration & Protection

Short answer: what does an intellectual property lawyer do in Moscow?

An intellectual property lawyer registers, protects and helps commercialize intangible assets - trademarks, patents, software, databases and know-how. In our practice, we support the full cycle of work with intellectual property: from filing an application with Rospatent to representation in the Intellectual Property Rights Court and structuring licensing transactions.

Key facts about intellectual property in Russia

• Part four of the Civil Code of the Russian Federation is the main normative act regulating relations in the field of intellectual property.
• Rospatent is a federal body authorized to register trademarks, inventions, utility models and industrial designs.
• The Intellectual Property Rights Court in the first instance considers, in particular, cases of challenging regulations in the field of intellectual property, disputes regarding the granting or termination of legal protection. As a general rule, disputes regarding violation of exclusive rights are considered by the arbitration courts of the constituent entities of the Russian Federation, and then they can go to the IP through the cassation procedure.
• The validity period of a trademark registration is 10 years with the possibility of unlimited renewal.
• Russia participates in the Madrid System for the International Registration of Trademarks and the Patent Cooperation Treaty (PCT).

When is an intellectual property lawyer needed in Moscow?

• You are planning to introduce a new brand to the Russian market and want to register a trademark.
• Competitors or third parties use your designations, inventions or software products without permission.
• It is necessary to conclude a license agreement, a commercial concession agreement or an agreement for the alienation of an exclusive right.
• The company is undergoing restructuring or attracting investment, and an assessment of intangible assets is required.
• A dispute has arisen over a domain name that is confusingly similar to your trademark.

Overview of the Erich Rath team's services in the field of intellectual property

We provide comprehensive legal support to Russian and foreign copyright holders: we check the protectability of designations, prepare and submit applications to Rospatent, accompany the examination, represent interests in the Chamber of Patent Disputes and the Intellectual Rights Court, and develop agreements on the disposal of exclusive rights.

Types of intellectual property protected under Russian law

Trademarks and service marks: registration and scope of protection

A trademark is a designation that individualizes goods or services. Registration with Rospatent gives the copyright holder the exclusive right of use throughout Russia. Protection extends to the International Classification of Goods and Services (ICGS) classes specified in the application.

Patents for inventions, utility models and industrial designs

Patent protection provides a monopoly on a technical solution or the appearance of a product. An invention is protected for up to 20 years, a utility model for up to 10 years, an industrial design for up to 5 years with the possibility of extension up to 25 years.

Copyright and related rights: programs, databases, creative works

Copyright arises at the moment of creation of a work and does not require registration. However, voluntary registration of computer programs and databases with Rospatent creates additional evidence of authorship and simplifies the protection of rights in a dispute.

Trade secrets and know-how: legal regime

The production secret (know-how) is protected subject to the introduction of a trade secret regime. The term of protection is unlimited, but loss of confidentiality terminates legal protection.

Comparative table: types of objects, registration authority, period of protection and main risks

Registration of intellectual property in Russia: procedure, terms and costs

Rospatent: role, competence and filing procedures

The Federal Service for Intellectual Property (Rospatent) accepts applications, conducts examinations and issues protection documents. Applications are submitted electronically through your personal account on the department’s website or in paper form.

Trademark registration in stages: from application to certificate

1. Preliminary check of the designation in the Rospatent databases for the presence of identical and similar marks.
2. Preparation and submission of an application indicating the classes of the ICGS.
3. Formal examination (checking the completeness of documents) - about 1 month.
4. The substantive examination of the applied designation takes from 4 to 12 months.
5. Making a decision on registration and issuing a certificate.

Patent registration: requirements, examination and deadlines

A patent application must contain a description, claims and abstract. For inventions, a substantive examination is carried out (12–18 months); for utility models, a formal examination is carried out (6–8 months).

Registration of programs and databases with Rospatent

The procedure is of a notification nature: the applicant provides deposited materials (source text, abstract), and Rospatent enters the information into the state register. Duration: up to 62 working days.

Registration of intellectual property for foreign companies and non-residents

Foreign applicants submit applications through a Russian patent attorney. We take care of interaction with Rospatent, preparation of documents in Russian and compliance with formal requirements.

Typical deadlines and amounts of government fees

Protection and enforcement of intellectual property rights in Moscow

Remedies for violation: civil and administrative law

The copyright holder has the right to demand termination of the violation, compensation for losses or payment of compensation (from 10,000 to 5,000,000 rubles or twice the cost of counterfeit goods). Administrative liability is provided for in Article 14.10 of the Code of Administrative Offenses of the Russian Federation.

Anti-counterfeiting: customs registry and border measures

Including a trademark in the customs register of intellectual property allows customs authorities to detain counterfeit goods when crossing the border of the Russian Federation.

Representation in the Intellectual Property Rights Court: jurisdiction and procedure

In the first instance, the IP considers, for example, cases of challenging regulations in the field of intellectual property, disputes regarding the granting or termination of legal protection. As a general rule, disputes regarding violation of exclusive rights are considered by arbitration courts of the constituent entities of the Russian Federation; The Investigative Committee reviews such cases through the cassation procedure.

Domain disputes and intellectual property protection online

Disputes regarding domain names in the .RU and .RF zones are resolved by arbitration courts. The copyright holder may request a ban on the use of the domain and its transfer.

Protecting trade secrets from misuse

We develop internal provisions on trade secrets, non-disclosure agreements and provide legal protection in case of leakage of confidential information.

Transactions with intellectual property: licensing, franchising and technology transfer

Licensing agreements under Russian law: exclusive and non-exclusive licenses

A license agreement is subject to state registration with Rospatent if its subject is objects of patent law or trademarks. Without registration, the contract is considered not concluded for third parties.

Franchising and commercial concession agreement

A commercial concession agreement provides the user with a set of exclusive rights, including a trademark, commercial designation and know-how. Registration with Rospatent is required.

Technology transfer and know-how agreements: structuring and sharing risks

Agreements on the transfer of know-how are not subject to state registration, but require a clear definition of the subject matter, confidentiality conditions and responsibilities of the parties.

Development and approval of contracts: essential conditions and common mistakes

We draw up bilingual contracts (Russian/English/German), taking into account the requirements of both Russian and German law. This is especially true for cross-border transactions.

Cross-border transactions involving Russian legal entities: legal features

In cross-border transactions, consideration must be given to foreign exchange regulations, tax implications of royalty payments, and applicable law to licensing disputes.

Legal audit of intellectual property and portfolio management

What does a legal audit include and when is it necessary?

The check covers the analysis of the validity of documents of protection, the presence of encumbrances, compliance of contracts with legal requirements and the identification of objects without proper protection.

Assessing security and choosing the optimal protection strategy

We determine what type of protection (patent, trademark, trade secret regime) is optimal for a specific intangible asset, taking into account the business goals of the copyright holder.

Portfolio audit: identifying gaps, risks and monetization opportunities

Regular inspection allows you to timely renew registrations, identify unused objects and plan licensing activities.

Intellectual property issues in corporate restructuring

During reorganization and investment transactions, intangible assets require a separate assessment and proper registration of the transfer of rights.

How we work: stages of support in the field of intellectual property

Stage 1: initial consultation and audit of intangible assets

We analyze existing objects, assess the current level of protection and determine priority tasks.

Stage 2: developing a strategy and choosing a security tool

We formulate an individual strategy taking into account the territory of activity, budget and commercial goals.

Stage 3: Applications, Records Management and Registration

We prepare documents, submit applications to Rospatent, and respond to examination requests.

Stage 4: Enforcement Protection, Legal Representation and Dispute Resolution

We represent interests in the Intellectual Property Rights Court, arbitration courts and antimonopoly authorities.

Stage 5: Ongoing portfolio management and contract work

We control renewal deadlines, monitor violations and update the contractual base.

Why choose Erich Rath's team: competence in Russian, English and German intellectual property law

Lawyer Erich Rath (Rechtsanwalt Erich Rath) combines knowledge of Russian, English and German legislation, which allows him to effectively support cross-border projects, including the registration and protection of the rights of foreign copyright holders in Russia.

FAQ: intellectual property lawyer in Moscow

How long does it take to register a trademark in Russia and what is the cost?

The average registration period is from 6 to 12 months. The total amount of state duties for one class of the IKGS is from 33,000 rubles. The cost of legal support is determined individually.

What types of intellectual property can be registered with Rospatent?

Rospatent registers trademarks, service marks, appellations of origin, inventions, utility models, industrial designs, computer programs and databases.

How can a foreign company protect its intellectual property rights in Moscow?

The foreign copyright holder acts through a Russian patent attorney or lawyer. We submit applications, represent interests in Rospatent and courts, and develop contracts in Russian.

What is the Intellectual Property Rights Court and when should you go there?

The Intellectual Rights Court is a specialized arbitration court at the federal level. In the first instance, it considers, in particular, cases of challenging regulations in the field of IP and disputes regarding the granting or termination of legal protection. Disputes about violation of exclusive rights usually begin in the arbitration courts of the constituent entities of the Russian Federation, and end up in the CIP for cassation review.

What are the essential terms of a license agreement under Russian law?

Required: subject (specific intellectual property), methods of use, territory, term and amount of remuneration (or indication of gratuitousness).

Is it possible to register software and databases as intellectual property in Russia?

Yes, Rospatent maintains state registers of computer programs and databases. Registration is voluntary, but it creates additional evidence of authorship and facilitates the management of rights.

What remedies are available for trademark infringement in Russia?

The copyright holder has the right to demand termination of the violation, seizure and destruction of counterfeit products, compensation for losses or payment of compensation in the amount of up to 5,000,000 rubles. It is also possible to bring the violator to administrative liability.

If you need advice from an intellectual property lawyer in Moscow, contact us to discuss your situation.

Phone: +7 (495) 970-74-16

Email: info@ratanwalt.com

Address: Moscow, Rozhdestvenka St., 5/7, p. 1

Website: https://www.ratanwalt.com/

RECHTSANWALT ERICH RATH - protection of intellectual property at the intersection of Russian, English and German law.