Valid pledge of trademarks, service marks, patents, utility
models, industrial designs and integral microcircuit topologies is
made possible with implementation of the procedure for the state
registration of pledge of intellectual property rights.
The registration procedure was adopted by the Ministry of
Education and Science of the Russian Federation and came into force
on 12 June 2009.1
Perfection of the pledge of intellectual property
For the pledge of intellectual property to be valid it is
necessary to perfect it by way of state registration.2
The state registration is conducted by Rospatent3 by way
of registration of the pledge agreement according to the procedure
Procedure for the registration of the pledge of intellectual
The procedure for the registration of the pledge of intellectual
property is the following.
Application for the state registration
An application for the registration of the pledge may be
submitted to Rospatent by either pledgor or pledgee. An application
for the registration must be accompanied with the following
the pledge agreement with respect to the intellectual property
(or an extract from it containing all its essential
a document evidencing payment by the applicant of the stamp
a power of attorney (if necessary).
Upon receipt of the application Rospatent makes a formal
verification of the submitted documents. Rospatent examines (a)
whether every required document is submitted and (b) whether the
submitted documents are made up in such a way that they can be
Period of formal verification
The formal verification must be finished by Rospatent no later
than within 10 business days from the date of receipt by Rospatent
of the application and accompanying documents.
After the formal verification has been completed and if the
submitted documents are complete and easily readable, Rospatent
determines whether the submitted documents comply with the
registration requirements. In particular, Rospatent examines (a)
whether a provision of the pledge agreement contradicts another
provision of the pledge agreement; and (b) whether the provisions
of the pledge agreement contradict imperative rules of the Russian
Period of compliance assessment
The compliance assessment must be finished by Rospatent no later
than within 2 months from receipt of the submitted documents.
Registration of the pledge agreement or refusal to
register the pledge agreement
After the compliance assessment has been completed: Rospatent
must register the pledge agreement in the state register of
relevant intellectual property if the submitted documents comply
with the registration requirements, otherwise the registration must
Rospatent must notify the applicant of the registration of the
pledge agreement (or its refusal to register the pledge agreement)
no later than within 2 months from the receipt of the submitted
1 Decree of the Ministry of Education and Science of the
Russian Federation No.321 dated 29 October 2008
2 Article 1232 of the Civil Code of the Russian
3 The Federal service on intellectual property, patent
and trade marks of the Russian Federation
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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On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
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