Intellectual property rights
Intellectual property rights, as a result of inventive activity, belong to the author and are regulated by law. When the author’s interests differ from the counterparty, intellectual disputes often arise. They can be resolved in a pre-trial or judicial procedure.
Types of disputes
The exclusive right to the result of intellectual activity allows the author to dispose in full of the product of his work. It can be alienated, sold, transferred or banned from reproduction. The main thing is that the free disposal of rights while using an object of intellectual property for the purpose of extracting a property interest does not contradict the current legislation.
Pre-trial dispute resolution
In case of infringement of the author’s interests, disputes are firstly resolved in the pre-trial order. The claim stages of conflict resolution must be observed by sending a claim to the other party in writing. The way to resolve the dispute may be:
- payment of compensation;
- elimination of the violation;
- compensation for damages.
Pre-trial drafting of a claim
Practice shows that legal entities and individuals resolve disputes over intellectual property, starting with the presentation of a claim. The claim specifies the form of violation. The object of the claim may be a proportionate benefit received by the counterparty from the illegal possession of the copyright object or the need to stop the violation with the payment of compensation.
Intellectual property litigation: High-profile cases
Let’s consider a number of real-life examples arising from disputes between huge companies in Russia.
Example 1. The copyright holder (licensor) has lost his personal priority for the use of the magazine in the field of management. Licensor brought a claim into court in order to restore his rights, to return the subscribers’ money invested. The court for the protection of intellectual property rights was won. The licensee returned all the necessary money and materials to the licensor.
Example 2. Subject to consideration was the claim of the AZBUKA VKUSA to REGISTRATOR P0. As a result, the court ruled to terminate the delegation of the domain. The domain administrator was obliged to stop using the domain name for personal gain. The requirements of AZBUKA VKUSA for domain cancellation were fully satisfied.
Example 3. In 2018, a pharmaceutical company filed a claim with an arbitration court for the legal protection of a trademark due to its non-use. The company was engaged in the production of dietary supplements in food. The subject of the dispute was that dietary supplements were produced with similar trademarks. As a result, the company managed to continue its production. The grounds for terminating the legal protection of the trademark were fully proven.
Valen’s assistance on intellectual property disputes
Consulting company Valen group provides comprehensive legal assistance to its clients in resolving intellectual disputes. We will provide the following services upon request:
- we will provide consultations on the issues of Russian law;
- analyze the situation, compare the facts and determine the effectiveness of the measures taken;
- find the right way to protect inventive assets;
- we will defend the object of authorship even in the context of ambiguous judicial practice.
Valen’s specialists will be able to resolve controversial and conflict issues. Take the correct action to resolve a dispute out of court or initiate a case by applying to a court for the protection of intellectual property rights.
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