Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
9.
Remedies
9.1
Are injunctions available?
 
Russian Federation
It is possible to obtain a temporary injunction if it would otherwise be impossible to enforce the final judgment. The plaintiff must explain these circumstances to the court. An injunction may be sought at any stage before the final judgment is issued.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.2
What is the standard to obtain an injunction?
 
Russian Federation
An injunction may be sought against the respondent, which may be the vendor or supplier of the infringing goods, or a third party involved in the import, manufacture, offer for sale, sale, storage or marketing of the infringed goods. A permanent injunction is granted after the hearing on the merits, within the scope of the plaintiff’s claims as stated in the lawsuit only. A permanent injunction can be granted if the infringing product contains every feature of the independent claims of the patent. Analysis of court practice shows that in most cases, the patent holder seeks a permanent injunction only. The court may satisfy its claim to prevent actual or threatened infringement.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.3
Are damages available?
 
Russian Federation
Yes; see question 9.4.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.4
What types of damages are available?
 
Russian Federation
Damages can include:

  • costs that the patent holder has incurred in restoring its violated right, or through loss or damage to its property (actual losses); and
  • lost profits that the patent holder would have received under ordinary circumstances had its right not been violated (lost profits).
For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.5
What is the standard to obtain certain types of injunctions?
 
Russian Federation
See questions 9.1. and 9.2.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.6
Is it possible to increase or multiply damages due to a party’s actions?
 
Russian Federation
No.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.7
Are sanctions available?
 
Russian Federation
Yes. See question 9.8.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.8
What kinds of sanctions are available?
 
Russian Federation
If an infringer received income as a result of the infringement, the patent holder can demand compensation (instead of damages) as follows:

  • in an amount from RUB 10,000 to RUB 5 million, as determined at the discretion of the court based on the nature of the infringement; or
  • twice the value of the right to use the invention, utility model or industrial design, as determined based on the price usually charged under comparable circumstances for the legal use of the invention, utility model or industrial design in the same way as the infringer.
For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.9
Can a party obtain attorneys’ fees?
 
Russian Federation
A successful litigant may recover costs and attorneys’ fees in all cases.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
9.10
What is the standard to obtain attorneys’ fees?
 
Russian Federation
These expenses should be properly documented. Attorneys’ fees should be reasonable. The court may compare the recovery sought with the fees normally charged by other attorneys on the market and may adjust the recovery claims accordingly.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners