How to Maintain Rights
The golden rule of maintaining rights to intellectual property objects states: reliably protected rights are those which were correctly registered and are properly maintained. Our specialists have great experience in successful protection of interests of our clients. We can offer an individually-tailored complex of measures which would enable to minimize risks and restore infringed rights.
YUS rather frequently acts as an advisor of well-known law firms standing for the rights of its clients in celebrated cases. The lawyers of the company have an impressive list of successful cases won in courts of various instances.
In many cases, registering intellectual property rights, rightholders make errors which then lead to negative consequences. And the reason for this is that rightholders are often unaware of the subtleties of the law. Specialists of our company can consult its clients about all “pitfalls” that may await them later on, often consultations on respectively simple cases being provided for free.
Here are some rules which are often ignored by the rightholders, but of which they should be aware and follow in order to preserve their rights and not to let the situation become critical.
- A rightholder must use a trademark (service mark) only in relation to the goods and services for which the mark has been registered, otherwise, in accordance with the current legislation of the Russian Federation, the legal protection of such a trademark may be cancelled upon termination of three years’ term from the registration date upon request of any person.
- Objects, the rights to which are registered in respect of one person, may not be used by other persons, including affiliated entities, without entering into a license agreement or in some cases franchising agreement with the rightholder which, in their turn, should be registered with the Federal Executive Authority on Intellectual Property (Rospatent). Failure to follow this rule may entail sanctions applied by the respective state authorities.
- Legal protection shall be granted to intellectual property objects, such as: inventions, utility models and designs, only on condition that they are timely maintained. Otherwise, legal protection granted to these objects shall be temporarily suspended until restoration of their effect, and upon expiration of a certain period shall be terminated completely.
- A valid patent for, say, invention shall not be regarded as a guarantee of the product’s freedom to cooperate for which this invention is used.
- It is necessary to make an inventory of the intellectual property objects of a company, to monitor marketed produce, and to exercise control over intellectual property of the company which is being used without being bound by an agreement on a regular basis.