The pivotal law of patent law in regulating the innovation-driven economy

The ever-increasing importance of intangible assets results in more and more patent disputes being brought to court. Whether you are going to win or lose is often decided when the subject matter and grounds of the claim have to be formulated: its admissibility, validity and prospects of success depend on how accurately they are enunciated. Even a strong position of the copyright holder may be undermined if the subject and the grounds of a claim in a patent dispute have been stated incorrectly.

And the stats bear out this: as it follows from the end-of-year 2024 report issued by the Judicial Department at the Russian Supreme Court, about 30 per cent of such claims were dismissed in full and only 32 per cent were completely satisfied.

Alexey Darkov, Verba Legal’s Counsel and Head of IP, has put together the following recommendations based on precedent cases of arbitration courts and the Intellectual Property Rights Court:

1.      the subject of the claim should be worded in the terms of the Russian Civil Code and specific actions (production, disposal, sale, etc.);

2.      a claimant should rely on independent opinions and notarial protocols;

3.      a claimant should be ready for a judicial inquiry;

4.      a claimant should refer to the provisions of the Russian Civil Code that confirm the use of the relevant remedy;

5.      a claimant should include a request to “establish that a violation has been committed” only in addition to the prohibition of the use of a patent;

6.      a claimant should assert damages and other claims simultaneously.

For more information, please follow the link. The analysis of relevant cases is presented at IP Litigation Telegram channel.