The challenging of patents and trademarks is an element of competition in the market of innovative and competitive products. Our experts will help you:
The production of products able to compete in the modern market with a demanding consumer ensures high profits and sustainable business development. Proper registration of rights of intellectual property to products makes them extremely difficult to challenge in court. However, challenging or protecting rights is part of existence in a market economy. These processes are expensive and time-consuming. Choosing the most correct path is possible only after careful analysis since there is another option - the creation of rights objects that allow obtaining cross-licenses.
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The Supreme Court of the Russian Federation introduced uncertainty into the legal practice of registering trademarks, deciding that Rospatent may refuse to register if, in the opinion of the expert of the Federal Institute for Industrial Property, the designation indicated can be perceived as a type of goods.
The resolution clarifies the procedure for determining jurisdiction of disputes arising from the fourth part of the Civil Code of the Russian Federation, the procedure for resolving disputes arising from agreements referred to in this part of the Civil Code of the Russian Federation, and explains the procedure for resolving disputes related to the protection of intellectual property rights and other issues relating to copyright and intellectual property.
The use of keywords (phrases) identical or confusingly similar to another person’s means of personalization, taking into account the purpose of such use, by an advertiser in a contextual advertisement on the Internet as a criterion for its displaying can be recognized as an act of unfair competition.