KIAP IP Litigators Successful in Defending major Russian Manufacturer in Patent Dispute

13.06.2013

11 June 2013 the Federal Arbitrazh (Commercial) Court of Volga Okrug upheld a Samara Oblast Commercial Court judgment that granted the claim of KIAP's client, a major Russian manufacturer, for recovery of a debt in the amount of some RUR 5,000,000 under a patent licensing contract.

In defence of its refusal to pay royalties under the contract, the defendant claimed prior use. Courts of three instances ruled that the licensee's claim of prior use shall not release it from its commitments under the licensing contract in place. Also, prior use being a defence against exclusive right, it can only be enforced against the patentee.


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Intellectual Property

KIAP's IP practice represents its clients in Russia's Chamber for Patent Disputes, commercial courts, and courts of general jurisdiction, as well as providing consultation on all intellectual property matters and helping with registration of intellectual property rights in Russia. Headed by Partner Elena Buranova, the practice is recommended by the Legal 500 EMEA and ‘Managing IP - IP Stars (2020)' international ratings, as well as by the Russian ratings, Pravo-300 and "Kommersant". In 2020 the firm's IP practice was recommended for the first time by the World Trademark Review 1000 (WTR 1000) international ranking, with a special reference to Prosecution and Strategy. Elena Buranova is personally recommended by WTR 1000 and Best Lawyers international ratings and is named Trade Mark Star by IP Stars in 2020/21. In 2019 Elena was appointed a member of the INTA Commercialization of Brands Committee for the term of 2020-2021. Clients of the practice include major Russian and international retailers, TMT and IT corporations, oil & gas, manufacturing and pharmaceutical companies.


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