Cease and Desist Letters Mandatory in Russia Before Infringement Lawsuits
Russia has recently amended the regulations that govern the procedures in economic courts.
As a result, as of June 1, 2016, the claimants have to first submit a cease and desist letter, i.e. apply the out-of-court procedure, and then wait for 30 days before filing a court action.
Before this change, cease and desist letters were not mandatory before initiating infringement proceedings. Now, if a claimant files a court action without sending out a cease and desist letter or before the 30-day period expires, the court action will not be considered.
This can also complicate certain matters, for instance domain name disputes, because in order to send cease and desist letters, one needs to obtain domain name owner’s personal information and most registrars refuse to disclose their clients’ personal data. Even if one succeeds in obtaining this information and sends out a cease and desist letter, the domain name owner can transfer the ownership of the domain to another person immediately after receiving the letter.
Although the aim of the amendments is to decrease the total number of court cases, this new requirement may make it more difficult to enforce IP rights in Russia and even help infringers in avoiding punishment.
The new procedure applies to all IP matters with the exception of non-use cancellation actions.
By: Tatyana Kulikova
For more information please contact Tatyana Kulikova at our Russia office.
June 2016 News
- Ukraine Adopts New Laws on Judicial Reform; IP Court to be Established in 2017
- Slovenian Courts Follow CJEU Rulings, but the Administrative Interim Injunction Gets Lost in Transition
- Bulgaria Ratifies UPC Agreement
- Tajikistan Ratifies Amendments to TRIPS Agreement
- Romanian Translations of European Patents Designating Romania Now Available on Romanian PTO’s Website
- Albania, Georgia Join TMclass
- Romanian Police Seize Fake Medicine
- Romanian Customs Seize EUR 77,300 Worth of Counterfeits
- Bulgarian Customs Seize Counterfeit Apparel, Perfumes
- Original, Notarized PoA Required for Each Action before Kosovo IPO
- Macedonia Joins the So-Called “Federated” European Patent Register
- Cease and Desist Letters Mandatory in Russia Before Infringement Lawsuits
- Rehau Ukraine Wins Unfair Competition Dispute
- Romanian Customs Seize Counterfeit Toys, Accessories
- Hungarian Customs Seize Counterfeit Apparel, Footwear
- Slovenian PTO: Patent, Trademark, Design Applications Decrease in 2015