Russian intellectual property litigation combines the substantive rules of Part IV of the Civil Code with the procedure of the commercial (arbitrazh) courts and, in some cases, the courts of general jurisdiction. This guide explains how infringement claims are prepared, tried and enforced, with particular emphasis on civil remedies and statutory compensation.
PART I. COURTS AND PROCEDURE
Legal Framework & Scope
QWhat laws govern IP infringement litigation in Russia?
Substantive law: Part IV of the Civil Code contains the general rules on exclusive rights and object-specific rules for copyright, patents, trademarks and other protected subject matter. Articles 1250, 1252 and 1252.1 are central to remedies and compensation.
Judicial guidance: Supreme Court Plenum Resolution No. 10 of 23 April 2019 remains the main consolidated guidance on Part IV. Its compensation guidance must now be read together with the amended Civil Code, including Article 1252.1, effective from 4 January 2026.
Procedure: The Arbitrazh Procedure Code governs most business-related infringement disputes. The Civil Procedure Code applies where a dispute belongs to the courts of general jurisdiction and also contains the special Moscow City Court procedure for certain online copyright cases. Court fees are governed by the Tax Code.
QWhat must the claimant establish?
The claimant normally proves ownership or another enforceable title, the scope and term of protection, the defendant's acts, and why those acts fall within the exclusive right. A claimant seeking damages must also prove loss and causation. A claimant choosing statutory compensation proves the infringement and supports the selected calculation, but does not have to prove the amount of actual loss.
QCan an exclusive licensee bring an infringement claim?
Yes, if the infringement affects the rights granted under an exclusive license. A non-exclusive licensee does not obtain the same statutory standing merely from the license. Since 4 January 2026, if both the owner and the exclusive licensee claim compensation for the same infringement, their claims are treated as solidary claims, preventing double recovery.
Courts & Jurisdiction
QWhich courts hear commercial IP infringement disputes?
A business-related infringement claim between legal entities and/or individual entrepreneurs is normally filed with the regional commercial (arbitrazh) court at the defendant's registered address, subject to alternative, contractual or exclusive venue rules. The first-instance court decides infringement, remedies, compensation and damages.
QWhat is the role of the Intellectual Property Court?
The Intellectual Property Court, commonly referred to as the IP Court, is not the ordinary first-instance court for infringement claims. For commercial IP cases it acts as the first cassation court after the regional arbitrazh court and the competent arbitrazh appellate court. It also hears certain specialized matters at first instance, such as challenges to Rospatent decisions and trademark non-use cases, but those are different from ordinary infringement proceedings.
QWhat if an individual who is not an entrepreneur is involved?
Jurisdiction depends on both the parties and the nature of the dispute. Claims against an individual who does not have individual-entrepreneur status generally belong to a court of general jurisdiction unless a statute assigns the category to an arbitrazh court. This is common in some copyright and domain-name cases. Jurisdiction should be checked before filing because the appeal and cassation routes then differ from the commercial-court route.
QWhen can a Russian court hear a case involving a foreign party?
Russian arbitrazh courts may accept an economic dispute involving a foreign party where, for example, the defendant or its assets are in Russia, the harmful act or resulting harm occurred in Russia, the dispute concerns Internet registration services in Russia, or the relationship has another close connection with Russia. Russian IP rights are territorial, so infringement in Russia is normally assessed under Russian law.
A foreign party must provide evidence of its legal status and authority documents. Corporate extracts, powers of attorney and other foreign documents may require apostille or consular legalization, depending on the country and treaty framework, together with a certified Russian translation. Service on a party abroad may materially extend the timetable: the statutory case period can be extended for the period required by the applicable legal-assistance treaty or, if no period is specified, by up to six months.
QCan sanctions affect jurisdiction?
Yes. Articles 248.1 and 248.2 of the Arbitrazh Procedure Code may give Russian arbitrazh courts exclusive jurisdiction where foreign restrictive measures materially obstruct access to the agreed foreign court or arbitration. A sanctioned Russian party may also seek an order restraining foreign proceedings, potentially backed by a monetary consequence for non-compliance. These provisions are fact-sensitive and do not automatically displace every foreign forum clause.
QCan a right holder from an 'unfriendly' jurisdiction enforce IP rights?
Yes. Registration in an 'unfriendly' state does not by itself remove Russian IP protection or make an infringement claim abusive. The Supreme Court confirmed this in its 17 June 2026 review on special economic measures. Counter-sanctions may, however, regulate how a monetary award is paid; the special account type 'O' is discussed below.
Pre-action Steps & Limitation
QIs a pre-action demand mandatory?
For an arbitrazh claim for damages or statutory compensation, Article 1252(5.1) of the Civil Code requires a demand where both the right holder and the alleged infringer are legal entities and/or individual entrepreneurs. The monetary claim may be filed after a full or partial refusal, or if no response is received within 30 days from sending the demand, unless a contract sets another period.
A demand is not statutorily required for claims seeking recognition of the right, cessation of infringement, seizure or destruction, publication of the judgment, or destruction of principally used infringing equipment. If monetary and non-monetary claims are combined, the mandatory demand should still cover the damages or compensation claim.
QWhat should a demand letter contain?
A useful demand should identify the rights, infringing acts, evidence, defendant and requested result.
- Rights: registration or patent numbers, protected works, title documents and relevant scope.
- Infringement: specific goods, listings, URLs, dates, sellers, purchases and comparison with the protected object.
- Remedies: cessation, preservation or disclosure of records, withdrawal of goods, compensation or damages, and a response deadline.
- Evidence of sending: delivery to the registered address and any known operational or electronic address, with reliable dispatch records.
QWhat limitation period applies?
The general limitation period is three years from the date on which the claimant knew or should have known both of the infringement and the proper defendant. Separate or continuing acts require careful analysis: a recent sale does not necessarily revive claims for all historic acts. Injunctive relief against an ongoing violation and monetary relief for past periods may therefore have different practical reach.
Case Management, Timing & Appeals
QHow long does a first-instance case take?
Under Article 152 of the Arbitrazh Procedure Code, a first-instance case should be decided within six months from receipt of the claim, including preparation and judgment. The court chair may extend this to nine months for exceptional complexity or numerous participants. In practice, a straightforward case often takes about 6-12 months; expert evidence, foreign service, parallel validity proceedings, interim applications or remittal can make it longer.
QCan an IP case be heard in simplified proceedings?
Yes. A monetary claim is normally eligible where the amount does not exceed RUB 1,200,000 against a legal entity or RUB 600,000 against an individual entrepreneur. Simplified cases are generally paper-based and must be decided within two months, or within three months if a hearing is appointed. The court may switch to ordinary proceedings if it needs an expert, witnesses, an on-site inspection, additional facts or protection of third-party interests. Matters assigned to the IP Court at first instance are excluded.
QWhat is the appeal route in a commercial infringement case?
- First instance: the competent regional arbitrazh court.
- Appeal: the territorial arbitrazh appellate court; the regular filing period is one month, while a simplified-procedure decision is generally appealed within 15 days.
- First cassation: the Intellectual Property Court; the filing period is generally two months after the challenged act enters into force.
- Second cassation: the Judicial Chamber for Economic Disputes of the Supreme Court; a complaint is filed within two months from the last challenged act and proceeds only if a Supreme Court judge transfers it for hearing.
An appeal may revisit facts and law within the procedural limits. Cassation focuses primarily on material errors of law and procedure and ordinarily does not conduct a fresh trial of the evidence.
QWhat are the principal court filing fees?
The following arbitrazh-court fees apply to applications and complaints filed after 8 September 2024 and remain current as of July 2026. Fee treatment should be checked against the final combination of claims.
- Monetary claim up to RUB 100,000: RUB 10,000.
- RUB 100,001 to RUB 1,000,000: RUB 10,000 plus 5% of the amount above RUB 100,000.
- RUB 1,000,001 to RUB 10,000,000: RUB 55,000 plus 3% of the amount above RUB 1,000,000.
- RUB 10,000,001 to RUB 50,000,000: RUB 325,000 plus 1% of the amount above RUB 10,000,000.
- Above RUB 50,000,000: RUB 725,000 plus 0.5% of the amount above RUB 50,000,000, capped at RUB 10,000,000.
- Non-monetary claim: RUB 50,000 for an organization and RUB 15,000 for an individual.
Independent monetary and non-monetary claims are charged separately. Several independent non-monetary claims may each attract a fee under Supreme Court Plenum Resolution No. 39 of 23 December 2025. An application for interim measures is RUB 30,000. For organizations, an appeal is RUB 30,000, first cassation is RUB 50,000 and cassation to the Supreme Court is RUB 80,000; the corresponding fees for individuals are RUB 10,000, RUB 20,000 and RUB 30,000.
QCan legal fees and evidence costs be recovered?
The successful party may seek recovery of documented and reasonably incurred legal fees, expert fees, translation, notarization and other litigation costs. Recovery is not automatically equal to the amount actually paid: the court may reduce representative fees it considers excessive and will consider the outcome, causation and whether the expense was necessary for the case.
Evidence & Interim Measures
QWhat evidence should be preserved before enforcement starts?
- Title evidence: register extracts, certificates, patents, licenses, assignments, author and employment documents, and proof of recordal where required.
- Infringement evidence: dated specimens, packaging, advertising, websites, marketplace cards, domain records, correspondence and technical materials.
- Test purchases: orders, receipts, payment records, delivery labels, unboxing records and preservation of the purchased specimen.
- Online evidence: notarial website inspection where the content may change, supported by ordinary screenshots, source data and platform records.
- Quantum evidence: sales volumes, prices, stock, license comparables, duration, audience and repeat conduct.
Evidence should normally be secured before a warning letter because listings, domains, stock and account data can disappear quickly after notice.
QIs there discovery?
Russia does not have broad US-style discovery. Each party presents the evidence supporting its case. A party that cannot obtain a sufficiently identified document may ask the court to order production. This is particularly useful for marketplace sales data, stock, supplier information, technical documents and license records. A vague request for all of the opponent's records is unlikely to succeed.
QAre court-appointed experts used?
Yes, especially in patent, software, technical copyright and industrial-design disputes. The court defines the expert questions and is not legally bound by the opinion. Party-commissioned specialist opinions can help frame the case but do not automatically replace a court expert. Questions of law, including the ultimate legal conclusion on infringement, remain for the court.
QAre interim or preliminary measures available?
Yes. Before or during the claim, an arbitrazh court may prohibit specified sales or online acts, arrest suspected goods or equipment, preserve evidence, or impose another proportionate measure. The applicant must show a credible claim, urgency, risk of difficult enforcement or substantial harm, and a clear link between the measure and requested final relief. Russian courts grant such measures cautiously and may require counter-security. A party harmed by an unjustified measure may claim damages.
QCan sensitive technical or commercial evidence be protected?
A party may request a closed hearing and restricted access to materials containing trade secrets or other protected information. The request should identify the confidential material and the legal and factual basis for protection. Filing a document with a confidentiality label alone is not a substitute for an actual secrecy regime or a procedural request.
PART II. REMEDIES AND COMPENSATION
Core Civil Remedies
QWhat remedies are available for infringement of an exclusive right?
- Recognition: a declaration of the right where ownership or title is denied.
- Injunction: cessation of infringing acts or acts creating a real threat of infringement.
- Damages or statutory compensation: monetary relief against the responsible infringer, where the Code permits compensation for the relevant object.
- Withdrawal and destruction: removal from circulation and destruction of counterfeit media, goods, labels and packaging, normally at the infringer's expense.
- Equipment: seizure and destruction of tools or equipment principally used or intended for infringement.
- Publication: publication of the judgment identifying the infringement and the true right holder.
The requested injunction and destruction relief should be specific enough to enforce. Russian courts may reject wording that merely asks to prohibit any future infringement without identifying the protected object and acts to be stopped.
QDo remedies depend on the infringer's fault?
Injunctions, publication, withdrawal and destruction may be ordered regardless of fault. A business operator is generally liable for damages or compensation for infringement committed in entrepreneurial activity even without proven intent. Since 4 January 2026, however, an entrepreneur who proves that it did not know and should not have known of the infringement may benefit from a lower compensation range. Information intermediaries have a separate fault-based safe-harbour regime.
QWhat is the difference between damages and statutory compensation?
Damages aim to restore proven actual loss and lost profit. They can be appropriate where the claimant has reliable financial evidence but require proof of amount and causation. Statutory compensation is available only for objects expressly listed in the Civil Code. It replaces damages for the same infringement and is often chosen because proof of the infringement is sufficient to establish the entitlement, although the requested amount and calculation still require support.
Compensation by IP Object
QFor which principal IP rights is statutory compensation available?
- Copyright and neighboring rights: RUB 10,000 to RUB 10,000,000; double the value of counterfeit copies; or double the value of the right of use. Computer programs are protected as copyright works.
- Patents, utility models and industrial designs: RUB 50,000 to RUB 10,000,000; or double the value of the right of use.
- Trademarks and service marks: RUB 10,000 to RUB 10,000,000; double the value of counterfeit goods; or double the value of the right of use.
- Geographical indications and appellations of origin: RUB 10,000 to RUB 5,000,000.
The Code does not provide the same statutory compensation remedy for every protected object. Infringement of a company name, commercial designation or trade secret is ordinarily remedied through injunctions, damages and other applicable measures rather than these compensation ranges.
QWhat changed on 4 January 2026?
Federal Law No. 214-FZ introduced Article 1252.1 and materially reworked compensation. The reform increased several maximum amounts to RUB 10,000,000, created general rules for multiple objects and multiple actors, allowed the court to use fixed compensation if the chosen method is inapplicable, recognized a lower range for a qualifying unaware entrepreneur, and excluded a purely dependent method of use that has no independent economic significance.
QHow should a claimant choose a compensation method?
- Fixed amount: best suited where scale or license value is incomplete but duration, seriousness, repeat conduct and commercial effect can be shown. Except for a claim at the statutory minimum, the amount should be reasoned and evidenced.
- Counterfeit-copy or goods method: requires reliable evidence of quantity and value. Test purchases alone may prove a sale but not the full sales volume; platform, accounting, customs or stock evidence can be decisive.
- Licence-value method: requires a comparable lawful price for the same object, method, territory, term and commercial scope. A headline license fee is not automatically comparable without adjustments.
The court determines a proportionate award based on the character and scale of infringement, duration, fault, repeat conduct, the object's value and reputation, probable losses, the role of the protected object in the defendant's business, and the parties' conduct after notice.
QWhat if the chosen calculation method does not fit the facts?
Under Article 1252.1(3), the court may award fixed compensation if the method selected by the claimant is not applicable to the proven infringement. This reduces the risk of complete dismissal caused solely by an inapplicable multiple, but it does not remove the claimant's duty to prove infringement and provide a coherent factual basis for monetary relief.
QHow are several protected objects in one product treated?
The 2026 rules prevent a mechanical multiplication of the minimum award by every image, mark or other object carried on one counterfeit medium. For fixed compensation, the total is set within the statutory minimum and up to twice the maximum applicable to one right of the relevant type; where different types have different limits, the highest relevant minimum and highest doubled maximum govern. For the two value-based methods, the total normally exceeds one but does not exceed two times the media value or the highest-valued right of use, respectively; specific combined copyright and anti-circumvention violations use separate percentages.
A separate rule also excludes compensation for a method of use that is objectively necessary for another method and has no independent economic meaning. Analysis therefore starts with the protected object, each legally relevant method of use and whether the acts form one commercial process.
QCan compensation be reduced below the ordinary minimum?
An entrepreneur who proves that it did not know and should not have known that it was infringing may receive fixed compensation within RUB 10,000 to RUB 500,000, or compensation between one and two times the relevant counterfeit-media or license value. This is not automatic. The defendant must show reasonable diligence, while professional market participants are expected to verify rights, suppliers and licenses.
QHow are multiple infringers treated?
Persons who jointly carry out one infringement may be jointly and severally liable. Independent actors in a supply chain are not automatically joint tortfeasors merely because goods moved from one to the next. Since 2026, however, the court may impose solidary compensation on persons who committed separate infringements using the same counterfeit media if separate recovery would unjustly enrich the right holder.
Settlement, Judgment & Enforcement
QCan IP cases be settled?
Yes. Settlements commonly address cessation, a sell-off or withdrawal period, destruction, domains, platform listings, compensation, legal costs and future licensing. The court will not approve terms that contradict mandatory law or third-party rights. For affected foreign right holders, payment clauses must also comply with the special account type 'O' regime where it applies.
QWhen does a commercial judgment become enforceable?
A regular first-instance judgment generally enters into force when the one-month appeal period expires without an appeal, or upon adoption of the appellate ruling if appealed. A simplified-procedure judgment follows its shorter appeal timetable. The claimant then obtains an enforcement writ for compulsory execution, unless the court ordered immediate enforcement or another special rule applies.
QWhat is the special account type 'O' and why does it matter?
Presidential Decree No. 322 regulates certain monetary obligations connected with the use and protection of IP owned by specified foreign right holders, particularly persons linked to 'unfriendly' states. Where the Decree applies, awards, royalties, penalties and other covered payments are made in roubles to a special account type 'O' opened in the foreign right holder's name. Release of funds to the right holder generally requires authorization under the Decree.
The mechanism does not negate the infringement or the defendant's duty to pay; it regulates performance of the monetary obligation. The Supreme Court's 17 June 2026 review states that the regime applies regardless of whether the obligation is contractual or non-contractual. A settlement directing payment to a Russian representative, or an assignment structured to bypass the account, may be treated as an invalid circumvention.
The Decree contains exceptions. In particular, a foreign right holder that proves proper performance of contracts with Russian residents and continuing activity in Russia may fall outside the special payment procedure. Relevant evidence can include active licenses and supply agreements, performance records, imports of genuine goods and Russian sales. The foreign right holder bears the practical burden of establishing the exception.
PART III. OBJECT-SPECIFIC AND DIGITAL DISPUTES
Patents, Designs & Pharmaceuticals
QHow is patent infringement determined?
For an invention, the accused product or process must use every feature of an independent claim, or a feature equivalent to it that was known as an equivalent before the patent priority date. A utility model requires use of every feature of the independent claim; the statutory equivalents test is not the same. Manufacture, use, import, offering for sale, sale and storage for those purposes can each be relevant.
Where a patented process produces a new product, an identical product may be presumed to have been made by the patented process unless the defendant proves otherwise. Claim construction and the date at which equivalence was known are therefore frequent expert and evidentiary issues.
QCan the defendant challenge patent validity in the infringement case?
A granted patent is presumed valid. The infringement court does not ordinarily invalidate a Russian patent as a defence; a separate invalidity challenge is brought through the competent administrative route and may later reach the IP Court. The infringement court decides whether to stay its case based on the relationship between the proceedings and procedural necessity. Parallel validity and infringement strategies should therefore be planned together.
QWhat is distinctive about pharmaceutical patent disputes?
- Claim coverage: small-molecule, formulation, dosage, use and process claims may create overlapping infringement theories; extended pharmaceutical patents require close attention to the scope of the extension.
- Regulatory activity: obtaining a marketing authorization is not automatically equivalent to a commercial sale. Research or experiments may fall within Article 1359, but commercial-scale batches, import, tender participation, contracting, offers or launch preparations can evidence actual or threatened infringement.
- Evidence: product dossiers, instructions for medical use, procurement documents, samples and analytical testing often matter; access to confidential regulatory material may require a court request and confidentiality protections.
- Timing: a patent owner may seek an injunction before market entry if there is a real and evidenced threat. Courts scrutinize urgency and proportionality, especially where public procurement and patient access are involved.
Compulsory licensing under Article 1362 and government-authorized use under Article 1360 are separate legal mechanisms, not a general defence to ordinary infringement. The Supreme Court's 17 June 2026 review treats compulsory licensing as exceptional, while recognizing that insufficient supply, refusal of market-based licensing and certain market-access circumstances may be relevant.
QHow are industrial-design cases assessed?
The comparison focuses on the overall impression produced on an informed consumer by the essential features reflected in the patent images. Differences in minor or functionally dictated details may not avoid infringement. The same product can also involve copyright, trademark or unfair-competition claims, but the 2026 compensation rules limit mechanical multiplication where several rights are embodied in one counterfeit product.
Trademarks, Trade Dress & Parallel Imports
QWhat is the main trademark infringement test?
The court asks whether an identical or confusingly similar designation is used without consent for identical or similar goods or services so that a likelihood of confusion arises. Visual, phonetic and conceptual similarity are assessed together with the distinctiveness of the earlier mark, the dominant elements, the similarity of the goods or services, the relevant public and the manner of use. Actual confusion is useful evidence but is not always required.
QCan company names and commercial designations be enforced?
Yes. Earlier rights in a company name or commercial designation may support cessation of confusing commercial use and damages. The claimant must prove the protected scope, priority and relevant business activity. These objects do not carry the same statutory compensation options as a registered trademark, so parallel trademark or unfair-competition rights can materially affect the remedy strategy.
QAre parallel imports treated as counterfeit?
Not automatically. Counterfeit goods bear IP without authorization; parallel imports are genuine goods placed on a market by the right holder or with its consent and then imported through an unauthorized channel. Russia ordinarily operates within the EAEU regional exhaustion framework, but special Russian measures currently allow parallel import of selected genuine goods on an approved list. The current list, product identity, supply chain, quality and consent history must be checked before suing.
Domain Names
QHow are domain-name disputes handled in Russia?
A domain name is not itself an IP object under Part IV of the Civil Code, but its registration and use can infringe a trademark, company name, commercial designation or other right, or constitute unfair competition. A claim is usually brought against the domain administrator, with the registrar or registry involved as appropriate. The court examines priority, confusing similarity, the domain's content and commercial use, legitimate interest and bad faith.
QDoes the UDRP apply to .RU and .RF domains?
No. The UDRP may apply to many generic top-level domains, but .RU and .RF disputes are resolved under Russian court and registry rules. Early action is important because registry procedures can restrict transfer of a disputed domain after proper notice or court documentation. Russian remedies commonly prohibit the administrator's infringing use; implementation of cancellation or a later registration by the successful party follows the applicable registry rules rather than an automatic UDRP transfer.
QDoes mere registration of a domain create a compensation claim?
Not necessarily. Trademark compensation requires legally relevant use of the mark, for example using the domain to offer relevant goods or services, redirect traffic, advertise or create confusion. Passive holding can still support injunctive or unfair-competition relief where bad faith and a threat are proven, but it does not automatically establish every monetary remedy.
Marketplaces & Information Intermediaries
QWho is normally liable for an infringing marketplace listing?
The seller is the direct starting point because it offers and sells the goods. A marketplace may be a direct user for some functions or an information intermediary for others. Its legal characterization is activity-specific: payment processing, storage, delivery and interface services do not by themselves eliminate intermediary status, but that status is not automatic immunity.
QWhat did Constitutional Court Resolution No. 39-P change?
Resolution No. 39-P of 16 June 2026 established a notice-and-suspend standard under Article 1253.1. Its constitutional interpretation applies from 16 September 2026, three months after pronouncement, except for review of the underlying Mir Hobby case.
- Substantiated notice: if the claimant shows prima facie title, identifies the seller and specific listing, and provides facts showing illegality or reasonable doubt, the marketplace should normally suspend the listing unless the seller convincingly rebuts the notice.
- Court step: the suspension should last long enough for the claimant to sue the seller or obtain interim measures. The claimant should not treat a temporary platform restriction as a permanent remedy.
- Repeat conduct: a marketplace that previously acted against the same seller for the same IP cannot rely again on lack of knowledge.
- Obvious infringement: technical measures are expected against clear signals such as extreme price anomalies, imitation of well-known brands and other obvious indicators.
- Evidence and disclosure: the court may obtain sales, stock, period and supplier information from the marketplace. Evasion of a court order can undermine the platform's safe-harbour position.
- Wrongful notice risk: if the notifier does not sue within a reasonable time or the claim is rejected as unfounded, the seller and/or marketplace may seek losses caused by the suspension.
QHow should a marketplace notice be prepared?
The notice should identify the protected object and title documents, each seller and listing, the exact infringing feature, purchase or comparison evidence, and the requested temporary action. It should ask the platform to preserve seller, sales, stock and supplier data and should be followed by a realistic court timetable. Generic complaints naming only a brand, without URLs, seller data or a rights comparison, are materially weaker.
Copyright, Software & Online Blocking
QHow is copyright ownership proved?
Copyright arises automatically and does not depend on registration. The claimant should prove authorship and the complete chain of title through originals, drafts, source files and metadata, employment or commissioning documents, assignments and licenses. The person named as author on an original or copy is presumed to be the author unless evidence shows otherwise. Optional registration of software or private deposit evidence can assist, but neither replaces proof of actual creation and title.
QWhat is compared in a copyright case?
Copyright protects the form of expression, not ideas, methods, systems, facts or concepts as such. The court identifies the protected original elements, access or independent creation evidence, and whether the accused material reproduces or adapts those elements. A work can be infringed without literal copying of every detail, while similarity caused only by an unprotected idea or functional constraint is not enough.
QAre personal non-property rights part of the case?
They can be. The author may seek recognition of authorship, correction of attribution, cessation of distortion and, where legally available, compensation for moral harm. Statutory compensation under Article 1301 protects the exclusive economic right; it is analytically separate from claims for authorship, name and integrity.
QWhat is special about software disputes?
Software is protected as a literary work, while interfaces, databases, documentation, trade secrets, patents and contractual restrictions may create additional layers. Useful evidence includes source-code history, repository logs, build files, access controls, license keys, device inspections and expert code comparison. A claim must distinguish copyright copying from breach of a license metric or contract and from lawful interoperability, research or other statutory exceptions.
QCan online copyright content be blocked before a claim?
For copyright and neighboring rights online, except rights in photographs and analogous works, an owner may seek preliminary measures from the Moscow City Court under Article 144.1 of the Civil Procedure Code. The applicant must prove title and online use. If relief is granted, the court sets a period of no more than 15 days to file the main claim; failure to file leads to cancellation and may expose the applicant to a damages claim. Repeated unlawful placement can support permanent blocking under the special online regime.
Trade Secrets & Unfair Competition
QWhat must be proved in a trade-secret case?
The claimant must identify the information with sufficient precision, show that it had actual or potential commercial value because it was not generally known, and prove that reasonable confidentiality measures were in force before the alleged misuse. Policies, access lists, marking, NDAs, employee duties, technical controls and incident logs are often decisive. A secrecy label created only after disclosure will not establish an earlier exclusive right in know-how.
QCan the Federal Antimonopoly Service address IP-related conduct?
Yes. Misappropriation or confusing commercialization can in suitable cases constitute unfair competition. The Federal Antimonopoly Service may investigate, issue an order and impose administrative consequences. It does not replace the civil court's role in awarding damages or statutory compensation. A coordinated FAS and civil strategy can be useful, but duplication, timing and the different elements of each claim must be considered.
Public Enforcement & Strategy
QWhat public enforcement routes are available?
Depending on the object and facts, customs can suspend suspected counterfeit imports, administrative authorities can seize goods and pursue offences, and serious intentional infringement may trigger criminal provisions on copyright, patent or trademark violations. These routes have different proof, intent, value and damage thresholds. Civil litigation remains the principal route for injunctions and compensation, while public enforcement is most useful for clear counterfeiting and evidence preservation.
QWhat practical steps should a right holder take before filing?
- Audit the right: confirm ownership, term, territorial effect, scope, recordals, license standing and vulnerability to invalidation or non-use.
- Define the objective: decide whether the priority is rapid cessation, disclosure, a market exit, compensation, damages, settlement, domain control or supply-chain disruption.
- Preserve evidence: secure title, online and physical infringement evidence, test purchases and quantum data before notice.
- Map defendants: identify the manufacturer, importer, distributor, seller, marketplace, site owner, domain administrator and persons directing the conduct.
- Choose the monetary theory: test the fixed, goods/copies and license-value methods against evidence and the 2026 aggregation rules.
- Complete pre-action steps: send the mandatory monetary demand and any marketplace or hosting notice with proof of dispatch.
- Plan procedure: select the court, venue, interim measures, expert strategy, confidentiality protection and parallel validity or FAS action.
- Plan enforcement: check assets, domain or platform implementation, foreign-service issues and any account type 'O' payment restrictions before settlement or judgment.
QWhat legal sources should be checked first?
Start with Part IV of the Civil Code, Supreme Court Plenum Resolution No. 10 of 23 April 2019, the applicable procedure code and Tax Code Articles 333.21-333.22. For current special issues, also check Constitutional Court Resolution No. 39-P of 16 June 2026 on marketplaces and the Supreme Court review of 17 June 2026 on special economic measures.
Current as of 18 July 2026. Court fees, counter-sanctions, parallel-import lists and procedural rules should be checked when a specific action is prepared. This guide provides general information and is not a legal opinion on a particular dispute.