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Patent Protection and Intellectual Property Enforcement in the Russian Federation
Guidelines for Entrepreneurs
How to protect intellectual property (IP) in Russia? Is it necessary to register software? What is the difference between a geographical indications and appellations of origin of goods?
This guide will help you learn more about IP objects, the application process, and what to do when your IP rights are violated. Everything you need to get started is already here.
This guide will help you learn more about IP objects, the application process, and what to do when your IP rights are violated. Everything you need to get started is already here.
Which IP objects are protected and where are they registered
Intellectual property is the results of intellectual activity and means of individualization listed in art. 1225 of the Civil Code of the Russian Federation (Civil Code). They are protected by law (article 44 of the Constitution of the Russian Federation).
The condition for the emergence of rights to a number of intellectual property objects is their state registration with the relevant authority:
The condition for the emergence of rights to a number of intellectual property objects is their state registration with the relevant authority:
Voluntary registration with Rospatent is possible at the rightsholder’s discretion
- Computer programs and databases
- Integrated circuit layout‑designs (topologies)
- Objects of copyright (works of science, literature and art)
- Objects of related rights (performances, phonograms, broadcasts by air or cable)
- Trade secrets (know‑how)
- Commercial designations
Registered by the Federal Tax Service of the Russian Federation
- Trade names
Registered by the Ministry of Agriculture of the Russian Federation
- Plant varieties (breeding achievements)
Registered by Rospatent
- Inventions
- Utility models
- Industrial designs
- Trademarks (including collective and well‑known marks)
- Geographical indications (GIs)
- Appellations of origin of goods (AOs)
International filing systems
International filing systems provide a unified registration procedure that allows an applicant to file a single application and subsequently obtain legal protection for IP objects in the designated member states (after passing national examinations).
Russian entrepreneurs may use these systems to enter foreign markets; foreign applicants may use them for simplified entry into the jurisdiction of the Russian Federation and other member states.
Russian entrepreneurs may use these systems to enter foreign markets; foreign applicants may use them for simplified entry into the jurisdiction of the Russian Federation and other member states.
IP Objects
INVENTIONS
Definition:
An invention is legally protected as a technical solution in any field related to a product (including a device, substance, microorganism strain, plant or animal cell culture) or a method (process of performing actions on a material object using material means), including the use of a product or method for a particular purpose.
Application documents:
Formal examination stage is checking the compliance of the application documents with the requirements of Russian legislation.
Substantive examination stage is establishment of the claimed invention compliance with the conditions of patentability: industrial applicability, novelty, and inventive step, as well as compliance with other requirements for the claimed subject matter.
International registration systems:
1. Patent Cooperation Treaty (PCT)
2. Eurasian Patent System (ЕAPO)
An invention is legally protected as a technical solution in any field related to a product (including a device, substance, microorganism strain, plant or animal cell culture) or a method (process of performing actions on a material object using material means), including the use of a product or method for a particular purpose.
Application documents:
- A patent application
- A description of the invention that discloses it to the extent which is sufficient for implementation
- The claim of the invention clearly showing its essence and fully based on its description
- Drawings and other materials if required for understanding the essence of the invention
- A synopsis
Formal examination stage is checking the compliance of the application documents with the requirements of Russian legislation.
Substantive examination stage is establishment of the claimed invention compliance with the conditions of patentability: industrial applicability, novelty, and inventive step, as well as compliance with other requirements for the claimed subject matter.
International registration systems:
1. Patent Cooperation Treaty (PCT)
2. Eurasian Patent System (ЕAPO)
UTILITY MODEL
Definition:
In the Russian Federation, a technical solution relating to a device is protected as a utility model.
Application documents:
Formal examination stage is checking the compliance of the application documents with the requirements of the Russian legislation.
Substantive examination stage is establishment of the claimed utility model compliance with the conditions of patentability: industrial applicability and novelty, as well as compliance with other requirements for the claimed subject matter.
Key differences from inventions:
International registration systems:
1. Patent Cooperation Treaty (PCT)
2. Eurasian Patent System (ЕAPO)
In the Russian Federation, a technical solution relating to a device is protected as a utility model.
Application documents:
- A patent application for the utility model
- A description of the utility model that discloses its essence to the extent which is sufficient to be recreated by an expert in a given field of technology
- Claim of the utility model clearly showing its essence and fully based on its description
- Drawings (upon applicant’s request, a digital 3D model if required for understanding the essence of the utility model)
- A synopsis
Formal examination stage is checking the compliance of the application documents with the requirements of the Russian legislation.
Substantive examination stage is establishment of the claimed utility model compliance with the conditions of patentability: industrial applicability and novelty, as well as compliance with other requirements for the claimed subject matter.
Key differences from inventions:
- Only a device is protected (not a method or substance)
- No inventive step requirement – only novelty and industrial applicability
- Registration term is significantly shorter
International registration systems:
1. Patent Cooperation Treaty (PCT)
2. Eurasian Patent System (ЕAPO)
INDUSTRIAL DESIGNS
Definition:
Appearance solution of a factory-made or home-made article is protected as an industrial design.
Application documents:
Formal examination stage is a check of the application documents compliance with the requirements of Russian legislation.
Substantive examination stage is the establishment of the industrial design compliance with the conditions of patentability (novelty and originality), as well as compliance with other requirements for the claimed object.
International registration systems:
1. The Hague system
2. Eurasian Patent System (ЕAPO)
Appearance solution of a factory-made or home-made article is protected as an industrial design.
Application documents:
- A patent application for the industrial design
- A set of images of the article (including, upon the request of an applicant, its digital 3D pattern)
- A general view drawing of the article and assembly chart, if they are required
- A description of the industrial design
Formal examination stage is a check of the application documents compliance with the requirements of Russian legislation.
Substantive examination stage is the establishment of the industrial design compliance with the conditions of patentability (novelty and originality), as well as compliance with other requirements for the claimed object.
International registration systems:
1. The Hague system
2. Eurasian Patent System (ЕAPO)
TRADEMARKS
Definition:
In the Russian Federation, trademarks are protected as verbal, figurative, three-dimensional, or other designations or combinations thereof that serve to individualize goods, works, or services.
NCL classes (Nice Classification):
The list of goods and services in the application must be grouped according to the classes of the Nice Classification. The number of classes affects the amount of fees.
Application documents:
Formal examination stage is a check of the application documents compliance with the requirements of Russian legislation.
Examination of a claimed designation, is a verification of compliance with the requirements (Articles 1477, 1483, and 1231.1 of the Civil Code).
Protection symbol (marking):
The rightsholder is entitled to use the protection symbol: the Latin letter “R” in a circle or the verbal indication “trademark”. It is not obligatory but is recommended to inform third parties.
International registration systems:
1. Madrid System
In the Russian Federation, trademarks are protected as verbal, figurative, three-dimensional, or other designations or combinations thereof that serve to individualize goods, works, or services.
NCL classes (Nice Classification):
The list of goods and services in the application must be grouped according to the classes of the Nice Classification. The number of classes affects the amount of fees.
Application documents:
- Application for state registration of a trademark
- The designation claimed as a trademark (optionally, a 3D model)
- List of goods and services grouped by NCL classes
- Description of the claimed designation
Formal examination stage is a check of the application documents compliance with the requirements of Russian legislation.
Examination of a claimed designation, is a verification of compliance with the requirements (Articles 1477, 1483, and 1231.1 of the Civil Code).
Protection symbol (marking):
The rightsholder is entitled to use the protection symbol: the Latin letter “R” in a circle or the verbal indication “trademark”. It is not obligatory but is recommended to inform third parties.
International registration systems:
1. Madrid System
GEOGRAPHICAL INDICATIONS (GIs) AND APPELLATIONS OF ORIGIN (AOs)
GIs and AOs are verbal designations that identify a good whose quality, reputation or characteristics are attributable to a specific geographical origin.
Who may register:
One or several individuals, legal entities, an association (union) or the other group.
Special condition for foreign applicants:
If the geographical object is not located in the Russian Federation, the application shall be accompanied by documents confirming the registration of that object abroad and the existence of the exclusive right in the country of origin.
Application documents:
The rightsholder is entitled to use the indication "registered geographical indication" or "registered appellation of origin of goods" (Article 1520 of the Civil Code).
International registration systems:
1. Lisbon System
GIs | AOs |
Definition | |
Any designation that allows a product to be identified as originating from a specific territory (locality, region, etc.). | A verbal designation representing the name of a geographical object or a derivative thereof; the good possesses special properties exclusively determined by natural conditions and/or human factors inherent to that geographical area. |
Connection to the territory | |
At least one stage of the product’s production, which significantly influences the formation of its characteristics, must be carried out within the territory of the geographical object reflected in the GI. | All stages of production are carried out within the territory of the geographical object whose name is registered as the AO. |
Reputation | |
A geographical indication is registered for a product possessing a particular quality, reputation, or other characteristics that are largely attributable to its geographical origin. | Wide recognition is required, established long before the application is filed. |
Uniqueness | |
Not required. | The good is unique and irreplicable. |
Who may register:
One or several individuals, legal entities, an association (union) or the other group.
Special condition for foreign applicants:
If the geographical object is not located in the Russian Federation, the application shall be accompanied by documents confirming the registration of that object abroad and the existence of the exclusive right in the country of origin.
Application documents:
- Application for registration of a GI or AO and for the grant of the exclusive right
- The designation claimed as a GI or AO
- Indication of the good for which registration is sought
- Description of the special properties (for AOs — exclusive properties) or quality / reputation of the good
- Indication of the place of origin and description of the boundaries of the geographical object
- For foreign applicants (if the geographical object is not located in the Russian Federation): documents confirming registration abroad and the exclusive right in the country of origin
The rightsholder is entitled to use the indication "registered geographical indication" or "registered appellation of origin of goods" (Article 1520 of the Civil Code).
International registration systems:
1. Lisbon System
COMPUTER PROGRAMS, DATABASES, INTEGRATED CIRCUIT LAYOUT DESIGNS
Definitions:
Computer program is an aggregate of data and commands presented in an objective form and intended for the operation of a computer and other computer devices for the purpose of obtaining a certain result, including the preparatory materials produced in the course of elaboration of the program, and the audiovisual representations generated by it.
Protected as an object of copyright.
Database is a collection of independent materials (articles, calculations, legal acts, court decisions, and other similar materials) presented in an objective form and systematically arranged to allow these materials to be located and processed by a computer.
A database as an object of copyright is protected as a composite work.
Exclusive right of the database manufacturer (related rights) arises if the creation of the database required substantial financial, material, organizational or other costs (or the database contains no fewer than 10,000 independent informational elements).
Integrated circuit layout design (topology) is the spatial geometric arrangement of the set of elements of an integrated circuit and the connections between them, fixed on a material medium.
An application shall be filed during the term of the exclusive right, but no later than 2 years from the date of first use.
Application documents:
Computer program is an aggregate of data and commands presented in an objective form and intended for the operation of a computer and other computer devices for the purpose of obtaining a certain result, including the preparatory materials produced in the course of elaboration of the program, and the audiovisual representations generated by it.
Protected as an object of copyright.
Database is a collection of independent materials (articles, calculations, legal acts, court decisions, and other similar materials) presented in an objective form and systematically arranged to allow these materials to be located and processed by a computer.
A database as an object of copyright is protected as a composite work.
Exclusive right of the database manufacturer (related rights) arises if the creation of the database required substantial financial, material, organizational or other costs (or the database contains no fewer than 10,000 independent informational elements).
Integrated circuit layout design (topology) is the spatial geometric arrangement of the set of elements of an integrated circuit and the connections between them, fixed on a material medium.
An application shall be filed during the term of the exclusive right, but no later than 2 years from the date of first use.
Application documents:
- An application for state registration of the object;
- Deposited materials intended to identify the object, including a synopsis.
Object | Protection Symbol (Marking) |
Objects of copyright | Latin letter «C» in a circle + name or title of the rightsholder + year of the first publication of the work |
Objects of related rights | Latin letter «P» in a circle + name or title of the exclusive rightsholder + year of the first publication of the phonogram |
Integrated circuit layout-design (topology) | Capital letter «T» (and its image variants) + indication of the commencement date of the term of the exclusive right + information enabling the identification of the rightsholder |
Stages of registration with Rospatent
Filing an application
IMPORTANT! Foreign applicants must file the application and the set of documents through a patent attorney registered in the Russian Federation. The authority of the patent attorney is certified by a power of attorney
Formal examination
is a verification of the application completeness and compliance with documentary requirements
Substantive examination
is an assessment of the conditions of patentability (or other requirements for the relevant subject matter)
Decision
Rospatent issues a decision on the application
Registration, grant of patent/certificate
the right is recorded and the document is issued to the applicant (by default, an electronic document is issued; a paper document may be issued upon payment of an additional fee)
*In case of disagreement with Rospatent’s decision, it may be challenged administratively:
An objection filed with Rospatent → Decision on the objection → Appeal to the Court for Intellectual Rights.
An objection filed with Rospatent → Decision on the objection → Appeal to the Court for Intellectual Rights.
IP Objects Comparison and Fees
Note! Maintenance of a patent for an invention or utility model in force requires annual fees paid for each year starting from the 1st year (the first 5 years are included in the minimum costs). For an industrial design, renewal is required every 5 years.
Measures to Prevent Infringement of IP Rights
The legislation of the Russian Federation provides rightsholders with a number of measures that allow preventing infringement before it occurs.
Publication of information by Rospatent in open registers
Rospatent officially publishes information on granting legal protection to inventions, utility models, industrial designs, trademarks, GIs/AOs, as well as information on the state registration of computer programs, databases and integrated circuit layout‑designs.
The information is available in open registers:
The information is available in open registers:
Marking of goods with protection symbols (not obligatory, but recommended)
Customs Register of Intellectual Property Objects
The rightsholder may file an application for inclusion of information about a trademark, AO or GI in the customs register.
The customs authorities will block the import of counterfeit goods marked with similar designations into the territory of the Russian Federation.
Legislation: Article 334 of Federal Law No. 289‑FZ dated August 3, 2018 "On Customs Regulation in the Russian Federation".
The customs authorities will block the import of counterfeit goods marked with similar designations into the territory of the Russian Federation.
Legislation: Article 334 of Federal Law No. 289‑FZ dated August 3, 2018 "On Customs Regulation in the Russian Federation".
Technical Protection Measures for Copyright
The author or other rightsholder may use technical devices, technologies or components to control access to an object and prevent unauthorised actions (Article 1299 of the Civil Code).
Examples: encryption, electronic keys, DRM.
Examples: encryption, electronic keys, DRM.
Collective Rights Management Organisations
These organisations are established by authors, performers, phonogram producers for the purpose of managing rights (Article 1242 of the Civil Code). Such organisations may obtain state accreditation and are entitled to assert claims in court on behalf of rightsholders, as well as to perform other legal actions necessary to protect the rights entrusted to them (Article 1244 of the Civil Code).
Contractual Regulation
The rightsholder may enter into licence agreements (Article 1235 of the Civil Code) or commercial concession agreements (Article 1027 of the Civil Code) with third parties, granting the right to use IP objects.
Important:For inventions, utility models, industrial designs and trademarks, state registration of the agreement with Rospatent is mandatory (Article 1232 of the Civil Code). Without registration, the grant of the right of use is deemed invalid.
Important:For inventions, utility models, industrial designs and trademarks, state registration of the agreement with Rospatent is mandatory (Article 1232 of the Civil Code). Without registration, the grant of the right of use is deemed invalid.
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Liability for IP Rights Infringement
The use of a result of intellectual activity or a means of individualisation without the rightsholder’s consent is unlawful. The legislation of the Russian Federation provides for three types of liability:
Unregistered IP Rights Enforcement and Protection
For objects of copyright and related rights, commercial designations, trade secrets (know‑how) and integrated circuit layout‑designs, state registration is not required. Rights arise from the moment of creation or first use. However, there are special protection mechanisms.
Protection measures:
Enforcement: the same civil‑law remedies as for registered objects (recognition of the right, suppression of actions, compensation of damages, seizure of counterfeit goods, publication of the court decision).
- Marking with a protection symbol
- Technical protection measures: encryption, DRM, electronic keys (Article 1299 of the Civil Code)
- Collective rights management organisations — may represent the interests of rightsholders in court (Articles 1242, 1244 of the Civil Code)
Enforcement: the same civil‑law remedies as for registered objects (recognition of the right, suppression of actions, compensation of damages, seizure of counterfeit goods, publication of the court decision).
Condition of protection: The rightsholder must take reasonable measures to maintain the confidentiality of the information constituting the trade secret (Article 1465 of the Civil Code). The exclusive right is effective as long as the confidentiality of the information is maintained (Article 1467 of the Civil Code).
Examples: trade secret regime, labelling the materials as "secret", access by contract, non‑disclosure agreement.
Enforcement:
In case of infringement — general civil‑law remedies: suppression of actions, compensation of damages, seizure of media, etc. (Article 1252 of the Civil Code).
Examples: trade secret regime, labelling the materials as "secret", access by contract, non‑disclosure agreement.
Enforcement:
In case of infringement — general civil‑law remedies: suppression of actions, compensation of damages, seizure of media, etc. (Article 1252 of the Civil Code).
Used to individualise trading, industrial and other enterprises.
Protection condition: Protected without registration (Article 1538 of the Civil Code).
Enforcement: In case of infringement — judicial procedure, general civil‑law remedies.
Protection condition: Protected without registration (Article 1538 of the Civil Code).
Enforcement: In case of infringement — judicial procedure, general civil‑law remedies.
Registration is not required, but it is recommended to simplify the proof of rights and public notification.
What to do in case of infringement of unregistered rights?
(01)
Verify that confidentiality is maintained (if the object is know‑how). If confidentiality is lost — the exclusive right terminates (Article 1467), and enforcement is impossible.
(02)
Record the infringement (screenshots, photo/video recording, notarial inspection of the website).
(03)
Send a request to the website owner demanding to remove the information infringing copyright and/or related rights. (If no response is received within 24 hours after delivery, or if the addressee disagrees with the claims, a lawsuit may be filed.)
(04)
File an application for preliminary enforcement of protection with a court of general jurisdiction (Part 3 of Article 26 of the Civil Procedure Code).
(05)
After the judicial act enters into force, Roskomnadzor restricts access to the information resource (Article 15.2 of the Information Law).
(06)
If the special procedure does not yield results (for example, no ruling is issued or the infringement is not removed) — file a claim for enforcement of the exclusive right in a court of general jurisdiction (paragraph 1 of Article 1248).
(07)
If the court establishes infringement – the measures under Articles 1252, 1250 apply:
a. publication of the decision
b. suppression of actions
c. seizure and destruction of counterfeit media – at the infringer’s expense
(08)
In case of repeated or gross violations (where fault exists):
- for a legal entity – liquidation upon the prosecutor’s claim
- for an individual entrepreneur – termination of activity (Article 1253)
(01)
Verify that confidentiality is maintained (if the object is know‑how). If confidentiality is lost — the exclusive right terminates (Article 1467), and enforcement is impossible.
(02)
Record the infringement (test purchase, photo/video recording of the infringement).
(03)
Send a pre‑trial claim to the infringer demanding to cease use and pay compensation. (If no response is received within 30 days after delivery, or if the addressee disagrees with the claims, a lawsuit may be filed.)
(04)
File a claim for enforcement of the exclusive right in a court of general jurisdiction (paragraph 1 of Article 1248).
(05)
If the court establishes infringement — the measures under Articles 1252, 1250 apply:
- publication of the decision;
- suppression of actions;
- seizure and destruction of counterfeit media — at the infringer’s expense.
(06)
In case of repeated or gross violations (where fault exists):
- for a legal entity – liquidation upon the prosecutor’s claim;
- for an individual entrepreneur – termination of activity (Article 1253).
Blocking of Websites with Pirated Content
If your copyright or related rights are infringed on the Internet (for example, works, phonograms, broadcasts are unlawfully posted), the legislation of the Russian Federation provides for a special accelerated blocking mechanism.
Stop the unlawful distribution of copyright and/or related rights objects
The rightsholder sends a request to the website owner about the unlawful distribution of copyright and/or related rights objects.→ The website owner is obliged to remove the information within 24 hours from the moment of receipt.
Legislation: Article 15.7 of the Federal Law “On Information” (No. 149‑FZ).
Step 1
Obtain preliminary enforcement of copyright and/or related rights
If the website owner has not removed the content, the rightsholder applies to court of general jurisdiction (For example, the Moscow City Court: https://mos-gorsud.ru/) with an application for preliminary enforcement of copyright and/or related rights.
Exception: The procedure does not apply to photographic works and works obtained by methods analogous to photography (Part 3 of Article 26 of the Civil Procedure Code).
Step 2
Restrict access to the website
Based on judicial act that has entered into legal force, Roskomnadzor https://rkn.gov.ru/ ensures restriction of access to information resources on the Internet that unlawfully distribute objects of copyright and/or related rights.
Legislation: Article 15.2 of the Law on Information.
Step 3
Important: This mechanism applies to copyright and related rights (works, performances, phonograms, broadcasts). For trademarks, patents, geographical indications, general judicial procedures apply