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Amendments to Trademark Laws

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Jun 14, 2016 (Newsletter Issue 11/16)
Russian Federation
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Cease and Desist Letters Mandatory Before Infringement Lawsuits

Russia has recently amended the regulations that govern the procedures in economic courts.

As a result, as of June 1, 2016, the claimants have to first submit a cease and desist letter, i.e. apply the out-of-court procedure, and then wait for 30 days before filing a court action.

Before this change, cease and desist letters were not mandatory before initiating infringement proceedings. Now, if a claimant files a court action without sending out a cease and desist letter or before the 30-day period expires, the court action will not be considered.

The new procedure applies to all IP matters with the exception of non-use cancellation actions.