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Amendments to Trademark Laws

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Aug 22, 2019 (Newsletter Issue 11/19)
Russian Federation
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Temporary Pre-Grant Protection for Industrial Designs

On June 27, 2019, amendments to Part IV of the Russian Civil Code entered into force, introducing a temporary, unregistered form of protection for industrial designs through an optional pre-grant publication of design applications.

According to the amendments, at the request of applicants, the Russian IPO will publish, in the Official Bulletin, information about industrial design applications that have passed formal examination. Temporary protection is granted from the application’s publication date. Previously, designs were published in the Official Bulletin only upon grant, after passing substantive examination.

The scope of temporary protection is limited to the essential design features as shown in the drawings in an application, but it cannot be broader than the set of essential features reflected in the drawings in the IPO’s grant decision. This means that if certain drawings or essential features are removed from the application at the stage of substantive examination, the applicant cannot claim damages for their unauthorized use within the frame of temporary protection.