Russia: New Intellectual Property Law in effect on January 1st, 2008.
A new IP law of Russia signed, effective as of January 1 2008.
The new law, known as Part IV of the Russian Civil Code, incorporates all the existing Russian IP laws and includes various amendments to improve current legislation.
Most notable changes are:
* Interested parties only may submit a request for termination of a trademark registration on the grounds of non-use to the Board for Patent Disputes. Currently, any third party may file such a request;
* Trademark use by parties under the control of the mark owner other than licensees may now constitute due use. Previously a trademark would be deemed property used only if it was applied on the goods and/or services for which it was registered and/or their packaging by the trademark owner or a person to whom the trademark owner granted such right by virtue of a licence, subject to mandatory recordal with the Russian Trademark Office; and
* The control by mark owners over the quality of a licensee’s goods is now an entitlement rather than an obligation. Previously, trademark owners would have had to ensure that the quality of a licensee’s goods was not inferior to the trademark owner’s goods. However, under the amended provision, mark owners are jointly liable for claims addressed to the licensee as the producer of goods.
See also:
Filed under: registration of trade marks in Russia
