MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys


INTELLECTUAL PROPERTY NEWS



August 31, 2014
Amendments in the Civil Code of the Russian Federation due to the Crimea's annexation

New law about entry of additional part into the Federal statute “Enactment of a forth part in the Russian Federation Civil Code” has come into force. These amendments had to occur due to the Crimea’s annexation.

The law validates the exclusive rights to the Intellectual Property objects that were registered and were effective by March 18, 2014 at the Russian Federation territory. This validation becomes effective after sending a corresponding request by the Russian Federation citizen or legal entity registered in Russia to the Federal Institute of Industrial Property (FIPS).

Applications that were in a process or were applied for registration in Ukrpatent and which registration document was not issued in Ukraine by March 18, 2014 can be filed repeatedly for the same invention in FIPS. The application date will be counted from the application date in Ukrpatent. Such intellectual property objects will be registered without examination on patentability requirements according to the Russian Law.

Legal protection for mentioned above intellectual property objects can be challenged and invalidated on a regular basis. The only exception are trademarks that can not be challenged due to the similarity with trademarks registered in the Russian Federation earlier.


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