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Intellectual Property Protection

Intellectual Property (IP) Office – is a specialized service meant to ensure protection of such types of intellectual property rights as trademarks, patents, commercial information and other types of intellectual property rights as provided under the Civil Code.

What is intellectual property? We view it as the main competitive asset ensuring one’s position on the market. Therefore, we position ourselves as a team of active professionals with a deep understanding of how protection of intellectual property rights has to be ensured at each phase from their emergence to market promotion. Our main task is ensuring the interests of our clients in all areas.

Intellectual property rights emerge at the interface of the six basic sectors of a business’ structure, namely, production or provision of services per se, legal support, accounting and finance, personnel management, business management and information flows. Rights infringement risks may arise in any of these sectors; therefore, it is very important to make sure that proper protection is available in advance. This will save you the trouble of having to protect your rights after their infringement as, unfortunately, today this entails a significant cost.

We have tried to optimize the services provision costs as much as possible so that any person could become a client of ours irrespectively of the size of his business. In addition, all our preliminary consultations are free!

Our resources allow us to respond quickly to all customer queries and provide a quality service for assignments of any complexity.

AREAS OF ACTIVITY:

TRADEMARK REGISTRATION

** A FREE EXPRESS CHECK OF YOUR TRADE NAME **

Letters, digits, words, images or their combinations in black-and-white or color presentation may all be filed for registration as a trademark by a legal entity or an individual entrepreneur. However, a trademark cannot be registered to a natural person.

An approximate timeframe for registration is about a year. The long period is explained by the need to go through several phases of expert review. The important thing is that, once your application is filed, your priority is established. This means that all subsequent applications for similar of identical trade names filed by other persons will be rejected.

The average cost of a trademark registration is about 50-60 thousand rubles. This amount includes the cost of a preliminary trade name check, official fees and our services. Overall price depends on the type of your mark and the diversity of your business. If you are interested, the list of the ICGS classes is available atwww.mktu.info.

If you send us your trade name and a description of your business activity, we can run a free verbal element-based express check in the registered trademark database and calculate the full cost of registration.

An official certificate is issued following state registration. The duration of a trademark starts from the date of the application’s filing. The certificate is valid for 10 years and may be extended upon payment of an official fee.

1. Running an express check and classification (1-2 days)

2. A comprehensive search both in the registered trademark and pending applications databases (from 3 days to 2 weeks)

3. Preparation of application materials (2-3 days)

4. Procedures (about a year)

5. Issuance of a certificate (2-2.5 months)

PATENTING OF INVENTIONS, UTILITY MODELS AND INDUSTRIAL PROTOTYPES(Articles, methods, formulas, technologies, designs)

INVENTIONS AND UTILITY MODELS

An invention is a technical solution in any area of science and engineering that is original, characterized by an inventive level and industrially applicable. A technical device, a substance or a method can all be patented as an invention. An invention is recognized as original and patentable if it is not known from information currently available in the world on a given subject. An invention is recognized as having an inventive level and patentable if it is not obvious for an expert in a given field.

A utility model refers to a technical solution representing a device, if it is original and industrially applicable.

Inventions and utility models are industrially applicable if they may be used in industry, agriculture, health care, and other branches of the economy or in the social sphere.

A technical solution is recognized and protected as an invention or a utility model on the condition that it passes state registration, which is used by the federal body of authority in charge of intellectual property (Rospatent) as grounds for issuing a patent for an invention or a utility model.

An invention and a utility model have a limited time of protection. If all requirements of applicable legislation are complied with, an invention patent will be valid for twenty years, while a utility model patent – for ten years.

The following cannot be protected as inventions and utility models:

 - Discoveries, i.e., establishing previously unknown objectively existing patterns, properties and characteristics of material world resulting in fundamental changes in the level of knowledge;

- Scientific theories and mathematical methods;

- Solutions relating to external appearance of article only and aimed at satisfaction of esthetic needs;

- Rules and methods relating to games, intellectual or business activity;

- Computer software;

- Solutions relating to provision of information only.

Approximate patenting costs will vary from 70 to 80 thousand rubles depending on complexity of the case.

If you need to patent an intellectual property item, you will have to get a preliminary consultation from a patent counsel.

An application for a patent may be filed either by a legal entity or by an individual.

Patenting is done in three stages:

1. Conducting a patent search to identify possible analogs and prototypes (7-14 days)

2. Preparation of a patent application (10-14 days)

3. Acquisition of patent (2-3 months after the decision to issue the patent)

The length of the patenting procedure depends on the patent type:

A patent for a utility model: 6 - 10 months

A patent for an invention: 16 - 24 months.

INDUSTRIAL PROTOTYPE

An industrial prototype refers to a new and original artistic design solution of an industrial or handicraft article that determines its external appearance. When patenting an industrial prototype, the patent owner obtains protection of external decorative or ergonomic features of the article’s external appearance such as shape, configuration, ornament, combination of colors, etc.

Industrial prototypes are developed and patented for many different items: original jewelry, dishware, furniture, transport vehicles and industrial designs. An original packaging or a label, a website page or a software interface may also be registered as industrial prototypes.

An external appearance of an article is recognized and protected as an industrial prototype on the condition that it passes state registration, which is used by the federal body of authority in charge of intellectual property (Rospatent) as grounds for issuing a patent for an industrial prototype.

Approximate patenting costs will vary from 50 to 60 thousand rubles depending on complexity of the case.

If you need to patent an intellectual property item, you will have to get a preliminary consultation from a patent counsel.

An application for a patent may be filed either by a legal entity or by an individual.

Patenting is done in three stages:

1. Conducting a patent search to identify possible analogs and prototypes (7-14 days)

2. Preparation of a patent application (10-14 days)

3. Acquisition of patent (2-3 months after the decision to issue the patent)

The length of the patenting procedure:

A patent for an industrial prototype (external appearance of an article, a designer solution): 10 - 12 months

INTERNATIONAL TRADEMARK REGISTRATION AND INTERNATIONAL PATENTING USING THE PCT SYSTEM

International trademark registration and international patenting allow ensuring legal protection of intellectual property by filing one application in Russia. Protection is provided within the territory of specified countries declared.

To calculate the costs of international registration and international patenting, an application must be filed in Russia.

REGISTRATION OF COMPUTER SOFTWARE AND DATABASES, COPYRIGHT PROTECTION

Computer software, such as a source code recorded on a physical media, in particular, on paper, and databases, their structures and contents may be registered on a voluntary basis. However, their legal protection is provided once the corresponding intellectual property item is created.

Bearing in mind that initially these rights emerge with a natural person, one should remember to claim such rights under a contract, especially where an order placed with a third party or within the framework of an employee-employer relationship.

An application for registration may be filed either by a legal entity or by an individual.

These rights are registered within 2 months.

An approximate cost of registration, including services and official fees, is about 15-20 thousand rubles.

TRANSACTIONS: CONTRACTS OF ALIENATION, LICENSE AGREEMENTS, COMMERCIAL CONCESSION

Intellectual property transactions comprise:

A contract of alienation relating to exclusive rights (or, in simple words, purchase and sale of rights to an item)

A license agreement (similarly to a lease of rights)

A commercial concession contract (franchise).

These types of contracts must be registered if dealing with trademarks and patents. The contract relationship thereunder comes into force only upon their state registration.

An approximate cost of registration is 15-30 thousand rubles. Actual cost depends on complexity and language of the contract in question.

These rights are registered within 2 months.

Official fee depends on the type and quantity of items being registered.

INTELLECTUAL PROPERTY PROTECTION:

Depending on the type of infringement and specific situation, a dispute may be referred for resolution to a number of bodies:

The Chamber for Patent Disputes

Arbitration or civil court

Intellectual property rights court

The Federal Antimonopoly Service

It should be emphasized that calculating all possible costs in advance would be difficult. Accordingly, an initial assessment of the situation will be required. After the assessment, you will receive a written conclusion detailing all possible actions, risks and costs.

Possible actions:

Preparation of a comprehensive statement on the case

Claim preparation

Claim-related procedure (correspondence and oral negotiations)

Conducting an expert review to ascertain the infringement (a study of the original and the pirated item, elaboration of an expert statement)

Preparation and filing of a lawsuit (for Moscow)*

*where the defendant is not Moscow-based, travelling expenses are added

PATENT RESEARCH AND EXPERT REVIEW

Patent research is necessary for the purposes of development and commercial promotion of industrial products and innovative technologies. Patent research is to result in a statement on patentability and patent clearance of a given innovative product. To address these tasks, patent and other scientific and research information is used.  

Our services:

Conducting patent research as per GOST R 15.011 - 96; 

Conducting a patent clearance review;

Drafting a patent pattern in accordance with GOST;

Reworking / processing patent research reports prepared by third-party experts and rejected by the Client.

A minimum timeframe for patent research is 2 weeks (depending on the number of topics and their complexity).

ENTERING TO THE CUSTOMS REGISTRY

This procedure is meant to ensure your interests and observe rights when crossing a customs border. Entering a trademark to the Customs Intellectual Property Registry allows to suspend the release of pirated goods to the Russian Federation territory.

Timeframe for registration – about 2-4 months.

ESTABLISHING A SYSTEM OF INTELLECTUAL RIGHTS MANAGEMENT

In practice, few people remember that intellectual property is a totality of rights, both exclusive and otherwise, rather than a title of protection. The legal relationship relating to creation, disposal of rights and other actions that may impact the item’s status must be properly documented.

When dealing with a composite author or a complicated item, registering certain rights may prove difficult. This situation may lead to a subsequent contest or a litigation.

We are ready to assist you in the following areas:

Support in the course of the item creation process

Inventory of rights

Restoration of rights disposal documentation

Establishing a rights management system

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