Applicants enjoy continued success in Russian IP disputes

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Applicants enjoy continued success in Russian IP disputes

Sponsored by

gorodissky-400px.png
wu-yi-bfrk9rcohre-unsplash.jpg

Vladimir Biriulin of Gorodissky & Partners looks at why IP owners in Russia are increasingly satisfied with the outcome of disputes

IP owners would have often asked in the past if foreign and domestic businesses were equally treated in courts. In Russia, it is difficult to fathom why this ques tion sprang up once every few months because Russian courts have never differentiated between domestic participants and aliens.

In the meantime, courts were steadily gaining experience in adjudicating IP cases, though nevertheless, sometimes questions were raised in respect of the quality of the judgments.

Now, it seems that the hurdle has been overcome. Courts have accumulated vast experience in examining IP cases, and enforcement of IP is done by the local courts of the first and second instances, as well as by a specialised IP court.

The Supreme Court has recently aired a report showing that most disputes involving IP are solved in favour of IP owners. In common courts, the rate is about 80% in favour of IP owners (in 2020: 618 cases and 462 positive judgments – 75%). The respondents in these disputes are owners of pirate sites and infringers of copyright. The high rate may be explained by the fact that the infringers of this kind in many cases do not take seriously their misdemeanour with the result that the courts hand down most strict judgments against them.

In commercial courts, the rate of victories is even more impressive – in 2020: 22352 cases with 18185 positive judgments – 81%. This is even though that infringing legal persons are more qualified, they understand what they do, infringe knowingly (in most cases) and may engage experienced lawyers to counter attacks of the IP owner.

The general picture of enforcement of rights is more than satisfactory. It also implies that there are obvious advantages to register one’s intellectual property. This will save a lot of effort and money in a possible dispute.

It is worth mentioning that not only damages, direct and circumstantial, may be recovered but also a so called compensation. This is a viable alternative to damages. Damages should be meticulously documented and submitted to court. Compensation does not need to be proved, just claimed. Although it can be argued that the amount of compensation may not seem sufficient in some cases. The maximum amount may be somewhere between $60,000 and $70,000 depending on the rate of exchange but it may be claimed hands down. If it is not, sufficient proof of damage is welcome.

Below are given some court statistics showing the winning rate of applicants in IP disputes in 2020:

  • Appeals against Rospatent decisions: 47 cases examined; 33 satisfied.

  • Enforcement of IP rights: 22970 cases examined; 18647 satisfied.

The bottom line is that it is worthwhile to protect one’s IP rights.

 

Vladimir Biriulin


Partner, Gorodissky & Partners

E: biriulinv@gorodissky.ru

more from across site and SHARED ros bottom lb

More from across our site

The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
Gift this article