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Litigation

1. Trademark Infringement

The firm’s lawyers handle 100+ IP litigations yearly, which is one of the highest figures in Russia, and execution-of-judgement proceedings.

1.1. Lawsuits

Commercial judicial instances are: territorial courts of trial, appellation courts, courts of cassation, the Supreme Court for over-cassation, and its Presidium for supervision. Special IP claims may be up to 5 million rubles, or the double cost of either the goods, or a license.

Attorney’s Fee* (USD)Official Fee (RUB)
1.1.1. Filing a lawsuit with a territorial court of trial and representing up to the decision4,000–8,0002,000–200,000
1.1.2. Appealing the decision of the court of trial in an appellation court up to the decision2,500–4,0003,000
1.1.3. Representing in the court of cassation against the decision of the appellation court2,000–4,0003,000

1.2. Counterfeiting

Apart from filing the lawsuit it is possible to initiate ex-officio administrative or criminal proceedings against both manufacturers, and distributors of counterfeit goods. The police may seize the goods and/or gather information on the cost of the goods.

Attorney’s Fee* (USD)Official Fee (RUB)
1.2.1. Sending a cease-and-desist letter and further liaising with the infringer1,000–1,500
1.2.2. Filing a statement with the police to initiate an administrative or criminal proceeding2,500
1.2.3. Supporting the administrative or criminal proceeding up to the decision of a court2,500

1.3. Parallel Import

Arresting the goods and acquiring injunctive relief is important in parallel import litigations, as well as executing the judgement. If a trademark is in the customs register, the authorities should suspend the supposedly-infringing goods and notify the right holder.

Attorney’s Fee* (USD)Official Fee (RUB)
1.3.1. Supporting ex-officio seizure of goods and requesting preliminary injunctionsFREE3,000
1.3.2. Conducting an execution-of-judgement proceeding throughout1,000
1.3.3. Entering a trademark into the Customs Register of IP Subject Matters2,000

2. Trademark Attacking

Our ultimate legal expertise is in attacking intellectual property of others if it either bars protection of clients’ IP, or is enforced against them.

2.1. Non-Use Cancellation

Trademarks not used for 3 years may be early-cancelled. The plaintiff justifies his interest in both the mark, and the goods, while the defendant proves use. Action takes 4–6 months, or 10–12 months if the attacked trademark is owned by a foreign person.

Attorney’s Fee* (USD)Official Fee (RUB)
2.1.1. Filing a non-use action with the IP Court and representing up to the decision3,0006,000
2.1.2. Rebutting the evidence of use if served by the defendant (extra fee)1,500
2.1.3. Representing a defendant in a non-use action up to the decision of the IP Court4,500
2.1.4. Representing in the court of cassation against the decision of the IP Court2,5003,000

2.2. Chamber Invalidation

Trademarks may be invalidated in the Chamber for Trademark Disputes within either 5 years, or whole protection period, depending on the basis of the invalidation action. The duration is 3–9 months. The Chamber’s decision may be appealed in the IP Court.

Attorney’s Fee* (USD)Official Fee (RUB)
2.2.1. Filing an invalidation action with the Chamber and representing up to the decision2,500–4,50013,500
2.2.2. Appealing the decision of the Chamber in the IP Court up to its decision2,000–4,5003,000
2.2.3. Representing in the court of cassation against the decision of the IP Court2,5001,500

2.3. FAS Invalidation

Obtaining a trademark may be considered an act of unfair competition by the Federal Antimonopoly Service. Ex-officio penalties follow. Then it is needed to file a formal motion with the RUPTO to complete the invalidation. The process takes 6–8 months in total.

Attorney’s Fee* (USD)Official Fee (RUB)
2.3.1. Filing an unfair competition action with the FAS and representing up to the decision2,500–4,000
2.3.2. Filing a formal motion with the RUPTO to invalidate the trademark1,5006,750
2.3.3. Appealing the decision of the FAS in the IP Court up to its decision2,000–4,5003,000
2.3.4. Representing in the court of cassation against the decision of the IP Court2,5001,500

2.4. Oppositions

Official oppositions exist since 2014 and are optional due to the RUPTO’s substantive examination. An opposition may be filed at any time before the statement of grant of protection is made. This uncertain deadline is often within nine months from the application filing date.

Attorney’s Fee* (USD)Official Fee (RUB)
2.4.1. Filing an opposition based on prior trademark rights550–1,200
2.4.2. Filing an opposition based on misleading consumers or other arguments1,000–2,000

3. Patent Disputes

Our specialization is chemistry and life sciences where we offer the top-notch quality at both enforcement, and nullification proceedings.

3.1. Infringement

In order to file a patent infringement lawsuit, it is usually required to obtain a patent attorney’s opinion confirming the infringement. An expert’s examination is nearly always commissioned by the court following a special procedure of choosing the expert.

Attorney’s Fee* (USD)Official Fee (RUB)
3.1.1. Preparing a patent attorney’s opinion on the patent infringement1,500
3.1.2. Filing a lawsuit with a territorial court of trial and representing up to the decision7,500–15,0002,000–200,000
3.1.3. Estimated cost of the expert’s examination in the patent infringement proceeding150,000
3.1.4. Appealing the decision of the court of trial in an appellation or the cassation court2,000–4,0003,000

3.2. Nullification

Patent nullifications in Russia are heard by the Chamber for Patent Disputes and may take as long as several years. In case there is a related infringement lawsuit, that is based on the patent being nullified, the court will not stay it regardless of the nullification action.

Attorney’s Fee* (USD)Official Fee (RUB)
3.2.1. Filing a nullification action with the Chamber and representing up to the decision4,500–9,0003,250
3.2.2. Appealing the decision of the Chamber in the IP court up to its decision2,500–4,0003,000
3.2.3. Representing in the court of cassation against the decision of the IP court2,5001,500

4. Unfair Competition

Unfair competition, another specialty of our legal department, may be used as an efficient instrument in addition to a lawsuit, or on its own.

4.1. FAS Action

Use of IP may be considered an act of unfair competition by the Federal Antimonopoly Service. Ex-officio penalties follow that are tied to the infringer’s related revenues. Hence, the FAS diligently gathers information on the cost of the goods. The action takes 4–6 months.

Attorney’s Fee* (USD)Official Fee (RUB)
4.1.1. Filing an unfair competition action with the FAS and representing up to the decision4,000–8,000
4.1.2. Challenging the decision of the FAS in a territorial court of trial up to the decision2,500–4,0003,000
4.1.3. Appealing the decision of the court of trial in an appellation or the cassation court2,000–4,0003,000

5. Transactions

The firm facilitates any transactions from pre-drafted agreements to complex contracts that require attention of our corporate Of counsels.

5.1. Due Diligence

Prior to any transaction, it is advised to analyze: which IP subject matter is owned by which entity and on what grounds; is the IP enforceable and may it be defended against cancellation, invalidation or nullification; does anyone infringe upon your IP or vice versa?

Attorney’s Fee* (USD)Official Fee (RUB)
5.1.1. Listing IP subject matters including copyrights, patents, trademarks and other (hourly rate)250
5.1.2. Inspecting, executing or amending the protection documents (hourly rate)250–300
5.1.3. Assessing the enforceability and protectability of IP subject matters (hourly rate)250–350
5.1.4. Non-infringement and freedom-to-operate analysis (hourly rate)250–350

5.2. Drafting Agreements & Contracts

It is mandatory to record in Russian any and all documents regarding disposition of patents, trademarks, software, databases and microcircuits.

Attorney’s Fee* (USD)Official Fee (RUB)
5.2.1. Drafting a non-standard assignment agreement or the provisions to a contract400–1,000
5.2.2. Drafting a non-standard license agreement or the provisions to a contract600–3,000
5.2.3. Drafting a franchising (commercial concession) contract2,000–7,000
5.2.4. Hourly rate for any and all work which does not fall under the above flat fees (per hour)250


* Where a range of costs is indicated, the firmly fixed fee is estimated on a case-by-case basis depending on the complexity of the matter.

Any questions? Contact me


Alexander Baranchikov

Lead Lawyer
RUPTO Attorney ¹ 1719

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