Intellectual Property Protection

Protection of intellectual property: protecting rights and objects. Intellectual property means the results of intellectual activity and the equivalent means of individualising legal entities, goods, works, services, and enterprises, to which legal protection is granted. This is the statutory definition in article 1225 of the Russian Civil Code.

Distinctive features of intellectual property

• Intangibility. Unlike property in things, each object is a form of information. Being intangible, it is nonetheless embodied in material carriers. The owner of the carrier (a disc, a book, a painting) owns the thing and may sell, gift, or otherwise dispose of it — but is not thereby the holder of rights in the intellectual property object.

• Simultaneous use by several parties. This follows from intangibility. A thing can be used by only one person; the same object of intellectual property can be used simultaneously by an unlimited number of persons.

• Territorial and temporal limits. Protection operates within defined territory and time limits.

• The object must be expressly named in the law. Discoveries, for instance, are a result of intellectual activity, yet the law does not treat them as intellectual property. The list is closed: anything not named in the law is not protected and is not intellectual property.

Protected objects

The objects of intellectual property include:

• Copyright: works of science, literature, and art; computer programs; databases.

• Related rights: performances; phonograms; broadcasts by radio or cable.

• Patent law: inventions, utility models, and industrial designs.

• Means of individualisation: trade names, trademarks and service marks, appellations of origin, and commercial designations.

• Other objects: selection achievements, topographies of integrated circuits, and production secrets (know-how).

How rights are protected

Protection depends on the object. For trademarks, patents, and other registrable objects, an exclusive right arises upon state registration (in Russia, through Rospatent). For copyright works, protection arises automatically upon creation, without formalities, though registration of computer programs and databases is possible and useful as evidence.

The holder of an exclusive right may use the object at their discretion, permit or prohibit its use by others, and dispose of the right — by full assignment or by licence. Unauthorised use infringes the exclusive right and gives rise to civil, administrative, and in some cases criminal liability.

Remedies against infringement

Against an infringer, the right holder may seek: an injunction prohibiting use; recovery of damages; or, as an alternative to damages, statutory compensation — for trademarks, up to 5 million roubles — without proving the exact amount of loss. The holder may also demand seizure and destruction of counterfeit goods, and may apply to the competition authority or the Intellectual Property Court where the conduct amounts to unfair competition.

What this means for international rights holders

For foreign brands and rights holders operating in or exporting to Russia, timely registration of trademarks and other objects with Rospatent is the foundation of protection: without a registered exclusive right, enforcement is far harder. Once registered, the right holder has a powerful toolkit — injunctions, statutory compensation without proof of loss, and seizure of infringing goods. The key is to secure rights before disputes arise and to build the evidence base for enforcement.

Related materials

• Trademark protection

• Patenting in Russia