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Arkona / Services / Intellectual property

Intellectual property

Pugin Andrey
Pugin Andrey
Chief Executive Officer
Dmitriyev Vladimir
Dmitriyev Vladimir
Partner, Head of Intellectual Property Practice, Attorney at law


Efimova Victoria
Efimova Victoria
Partner, Head of Business Support Practice
 

For the first time in Russia we achieved a satisfaction of a suit to unauthorized dealer (parallel importer). The court prohibited import of original goods without trademark's owner consent despite of existing unfavourable court practice in Moscow. We created favourable court practice for trademark rights owners with regard to increase of compensations for parallel import, recovered record compensation in amount of 1 million rubles in favour of a trademark owner for import of one lot of goods declared in one customs declaration.

We offer legal support concerning usage, transfer and defense of intellectual property rights, including those for trademarks, inventions, copyright, domain name, etc. We conduct due diligence of intellectual property, draft contracts, participate in negotiations on deals, defend client's intellectual property rights in Patent, custom and law-enforcement authorities, in courts irrespective of place of trial.

 

OUR SERVICES:

Consulting in the sphere of intellectual property:

  • advising on regulation of intellectual property and information technology
  • advising on intellectual property and due diligence of intellectual property, evaluation of real and potential risks, recommendations on elimination of risks
  • regulation of relations on registration and transfer of intellectual rights
  • licensing agreements and agreements on the cession of intellectual property rights
  • copyright agreements
  • franchising agreements
  • know-how and confidential information transfer agreements
  • confidentiality agreements
  • contracts on performance of research and development
  • implementation of advertising law
  • protection of commercial secret
  • registration of employer's rights on intellectual property, created by employees in the framework of duty assignment
  • protection of intellectual property rights
  • litigation on intellectual property

Litigation on intellectual property:

  • representing clients before Chamber for Patient Disputes, in arbitration and commercial courts, courts of general jurisdiction
  • trademark, service mark, domain name patent litigation
  • protection of copyright and related rights, including those on the Internet
  • litigations on agreements connected with creation and usage of intellectual property ( franchising agreements, licensing agreements, copyright agreements)

 

 

 

  • Full-scale providing of legal services regarding an imposition of ban on import to Russia of original goods without trademark owner consent on behalf of brewing company Heineken Ceska republika. Different arbitrage courts made rulings on ban of import of original goods and on recovering of compensations. These decisions exerted serious influence on formation of court practice in the sphere of parallel import in Russia.

  • Representing interests of «UVEX ARBEITSSCHUTZ GMBH» with respect to ban on import to Russia of original goods without trademark owner consent and recovering of compensation. The court satisfied all claims, forbade to the defendant to exercise any actions on putting into civil circulation of goods marked with trademark UVEX, including import, storage for the purposes of sale, offering to sale, sale. Also the court ruledto recovery a compensation. The case was provided extensive coverage in Mass Media (http://www.kommersant.ru/doc/1215516, www.dp.ru/a/2010/02/10/Inostrannie_brendi_snova).

  • Successful providing of legal services regarding an imposition of ban on import to Russia of original goods without trademark owner consent on behalf of the largest producer of  Alcoholic beverages «Diageo Ireland”. The court awarded record compensation for one infringement (import of one lot of goods declared in one customs declaration) in amount of 1 million rubles.

  • Defense of complex of rights on intellectual property and struggle with unfair competition on behalf of OOO “Hanse” (auto parts).

  • Litigations with customs regarding bringing to administrative responsibility for infringement of trademark rights on behalf of OOO “Altami”.

  • Legal clearance of Russian market from counterfeit products infringing exclusive patent right of group of companies “Triada”. The work in Moscow was complicated by the activity of local department of internal affairs, maintaining service in the market “South port”. It was revealed that officers of local department of internal affairs warned the sellers of counterfeit products on prepared evidentiary purchase. Lawyers of Arkona were forced to acton two directions. It is pleasant that it was domestic technically complex production which was counterfeited.

  • Protection of righsto patents on behalf of OOO “AER”, ZAO “Pokrovskiy polimer”, OOO “Predpriyatie produktov pitaniya”, OOO “Rosnet”.

  • Legal clearance of Russian market from counterfeit products infringing exclusive trademark right of company “Boling Ltd”. Employees of Arkona carried out monitoring of retail market of alcohol beverages, elicited facts of sell of beverages in counterfeited bottles containing trademark “Boling Ltd”. With an aim to collect evidences, we carried out evidentiary purchases in cooperation with police, recovered papers which proved sales volumes. On the base of collected evidences six suits were filed against glass factory “Sitall” and different distributors of alcohol production. During the litigation process a few defendants concluded amicable agreements on beneficial terms for “Boling”. Factory “Sitall” ceased production of counterfeit goods and paid more than 4 million rubles as compensation. Lawyers of Arkona applied a scheme which supposed litigation concerning all suits in Arbitrage court of Saint-Petersburg what allowed to substantially reduce expenses connected with litigations.

  • Suppression of illegal usage of a trademark and disputes with customs concerning bringing to administrative responsibility for trademark rights infringement on behalf of German company Hoffman Group (professional tools), ZAO “SilTEK” (industrial paints), OOO “Delete-Contract” (cheese).

  • Legal clearance of market from counterfeited products infringing exclusive rights on trademarks of Turkish company “Makel Electric” (wiring equipment).

  • Suppression of illegal usage of trademark of telephone information services association (RATISS) by different companies, which are not the members of the association. Suits were filed against infringers which had not ceased to use the trademark in Arbitrage court of Novgorog, Pskov, Penza and Samara. All suits were satisfied.

  • Legal clearance of market from counterfeited production infringing exclusive right on trademark of Henkel. Thanks to energy of lawyers of Arkona channels of wholesale supplies of counterfeited household chemicals from Poland and mechanisms of supply to retail chains were discovered. According to our request customs arrested and confiscated huge lots of counterfeited goods, criminal cases were initiated, what led to disappearance of counterfeited goods from retail chain.

© Arkona Сo., Ltd.,

112 lit. B, Fontanka Embankment,
St. Petersburg, Russia, 190005
+7 (812) 602-08-16

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