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The Supreme Court of Russia overturned the decisions of the courts in one of the cases of one of the most active plaintiffs in the field of intellectual property in Russia. In 2012, Adobe used this legal tool in Russia, and in 2008 - Autodesk.
In Russia, a British company has dropped out of the race
The cancellation of international patents for copyright protection and anti-piracy measures for foreign licensees in Russia has caused concern to the international community. Kommersant found out about this in early August 2024. This can lead to a large-scale distribution of counterfeit products, which will negatively affect Russian manufacturers and the country's innovation sector as a whole.
According to Kommersant, courts in Russia awarded compensation for intellectual property infringement based on affidavits (affidavits) provided by the plaintiff. According to market participants, an affidavit is a convenient tool for foreign licensors remaining in Russia, and a decrease in its value may lead to an increase in counterfeit volumes.
The Supreme Court of Russia sent for a new hearing the case on the claim of the British Carte Blanche Greetings Limited (owner of the rights to the "bear with a blue nose" Me to You) to a number of Russian entrepreneurs and companies (IE Andrey Gavrilov, Sergei Trotsky, Elena Kolganova, Sweet Life confectionery company). Some of the defendants who were awarded compensation for intellectual property infringement by lower courts appealed to the Supreme Court of Russia against the way Carte Blanche confirmed its rights with an affidavit (notarized testimony) of the company's CFO.
In 2008, the world's largest supplier of software for industrial and civil engineering, Autodesk, used the services of the British Carte Blanche Greetings Limited in Russia. In 2012, the software developer is the American company Adobe.
The British company Carte Blanche Greetings Limited, the world-famous creator and manufacturer of Teddy bears, Pudsey dogs, Pippa squirrels, Violent Veg vegetable family and other iconic toys, has launched a fight against violations of its patent rights on the Russian market. In 2015 alone, the firm has already filed more than 40 lawsuits in arbitration against local companies and entrepreneurs. Claims range from 20 thousand to 50 thousand rubles, depending on the nature of the violation (initially, the company demanded 200-300 thousand rubles, but the courts reduced the amount of compensation to 30 and even 40 thousand rubles, and now this amount is claimed). Basically, merchants who sell soft toys in their shops and stalls are held accountable: Tatty Teddy bears, as well as clothing (T-shirts, caps, etc.), postcards, balloons, and other items with the image of this bear.
Agents from Carte Blanche Greetings Limited and confectioners were not ignored, because on the website of Robacom LLC they found an offer to bake a cake with the image of Teddy, and even a cake in the shape of this bear. Unfortunately, for a Russian entrepreneur, the company had to pay 125 thousand rubles for this.
Carte Blanche is one of the most active foreign copyright holders who continue to file claims for intellectual property protection in Russia after 2022. Affidavits are also used by the British Entertainment One UK (brand "Peppa Pig"), Japanese TV Tokyo (brand "Naruto"), Korean Young Toys (brand "Ryan's World").
For foreign copyright holders represented in Russia as licensors, an affidavit is a convenient and practical tool for confirming rights, and its evidentiary value in foreign jurisdictions is quite high, Kommersant writes. The weakening of the strength of an affidavit in the Russian judicial system can have a significant impact on the protection of intellectual property rights, especially in the market for children's goods. If the legal system fails to effectively enforce intellectual property rights, this can lead to an increase in the number of counterfeit products in Russia, which in turn will make it more difficult for legitimate businesses to operate and potentially harm consumers.
Intellectual property rights
Intellectual property is the results of intellectual activity and equated means of individualization of entrepreneurs and legal entities, goods, works, services and enterprises that are protected by law.
Intellectual property can be perceived as a set of rights of the author or other right holder that allow them to dispose of these intangible objects, prohibit and allow their use by third parties.
The author of the result of intellectual activity can only be an individual whose creative work created the work (personally or co-authored). The copyright holder can be not only the author himself, who has acquired the copyright, but also the organization that received the exclusive right under the contract of alienation or became the copyright holder as a result of creating the work within the scope of labor obligations.
In Russia, a British company has dropped out of the race
The cancellation of international patents for copyright protection and anti-piracy measures for foreign licensees in Russia has caused concern to the international community. Kommersant found out about this in early August 2024. This can lead to a large-scale distribution of counterfeit products, which will negatively affect Russian manufacturers and the country's innovation sector as a whole.
According to Kommersant, courts in Russia awarded compensation for intellectual property infringement based on affidavits (affidavits) provided by the plaintiff. According to market participants, an affidavit is a convenient tool for foreign licensors remaining in Russia, and a decrease in its value may lead to an increase in counterfeit volumes.
The Supreme Court of Russia sent for a new hearing the case on the claim of the British Carte Blanche Greetings Limited (owner of the rights to the "bear with a blue nose" Me to You) to a number of Russian entrepreneurs and companies (IE Andrey Gavrilov, Sergei Trotsky, Elena Kolganova, Sweet Life confectionery company). Some of the defendants who were awarded compensation for intellectual property infringement by lower courts appealed to the Supreme Court of Russia against the way Carte Blanche confirmed its rights with an affidavit (notarized testimony) of the company's CFO.
In 2008, the world's largest supplier of software for industrial and civil engineering, Autodesk, used the services of the British Carte Blanche Greetings Limited in Russia. In 2012, the software developer is the American company Adobe.
The British company Carte Blanche Greetings Limited, the world-famous creator and manufacturer of Teddy bears, Pudsey dogs, Pippa squirrels, Violent Veg vegetable family and other iconic toys, has launched a fight against violations of its patent rights on the Russian market. In 2015 alone, the firm has already filed more than 40 lawsuits in arbitration against local companies and entrepreneurs. Claims range from 20 thousand to 50 thousand rubles, depending on the nature of the violation (initially, the company demanded 200-300 thousand rubles, but the courts reduced the amount of compensation to 30 and even 40 thousand rubles, and now this amount is claimed). Basically, merchants who sell soft toys in their shops and stalls are held accountable: Tatty Teddy bears, as well as clothing (T-shirts, caps, etc.), postcards, balloons, and other items with the image of this bear.
Agents from Carte Blanche Greetings Limited and confectioners were not ignored, because on the website of Robacom LLC they found an offer to bake a cake with the image of Teddy, and even a cake in the shape of this bear. Unfortunately, for a Russian entrepreneur, the company had to pay 125 thousand rubles for this.
Carte Blanche is one of the most active foreign copyright holders who continue to file claims for intellectual property protection in Russia after 2022. Affidavits are also used by the British Entertainment One UK (brand "Peppa Pig"), Japanese TV Tokyo (brand "Naruto"), Korean Young Toys (brand "Ryan's World").
For foreign copyright holders represented in Russia as licensors, an affidavit is a convenient and practical tool for confirming rights, and its evidentiary value in foreign jurisdictions is quite high, Kommersant writes. The weakening of the strength of an affidavit in the Russian judicial system can have a significant impact on the protection of intellectual property rights, especially in the market for children's goods. If the legal system fails to effectively enforce intellectual property rights, this can lead to an increase in the number of counterfeit products in Russia, which in turn will make it more difficult for legitimate businesses to operate and potentially harm consumers.
Intellectual property rights
Intellectual property is the results of intellectual activity and equated means of individualization of entrepreneurs and legal entities, goods, works, services and enterprises that are protected by law.
Intellectual property can be perceived as a set of rights of the author or other right holder that allow them to dispose of these intangible objects, prohibit and allow their use by third parties.
The author of the result of intellectual activity can only be an individual whose creative work created the work (personally or co-authored). The copyright holder can be not only the author himself, who has acquired the copyright, but also the organization that received the exclusive right under the contract of alienation or became the copyright holder as a result of creating the work within the scope of labor obligations.
