Russia has recently amended the regulations that govern the
procedures in economic courts.
As a result, as of June 1, 2016, the claimants have to first
submit a cease and desist letter, i.e. apply the out-of-court
procedure, and then wait for 30 days before filing a court
Before this change, cease and desist letters were not mandatory
before initiating infringement proceedings. Now, if a claimant
files a court action without sending out a cease and desist letter
or before the 30-day period expires, the court action will not be
This can also complicate certain matters, for instance domain
name disputes, because in order to send cease and desist letters,
one needs to obtain domain name owner's personal information
and most registrars refuse to disclose their clients' personal
data. Even if one succeeds in obtaining this information and sends
out a cease and desist letter, the domain name owner can transfer
the ownership of the domain to another person immediately after
receiving the letter.
Although the aim of the amendments is to decrease the total
number of court cases, this new requirement may make it more
difficult to enforce IP rights in Russia and even help infringers
in avoiding punishment.
The new procedure applies to all IP matters with the exception
of non-use cancellation actions.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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