À propos de ce cours
Learn about legal framework of trademark registration, protection and enforcement in Russia. You can also compare Russian approach with international standards enshrined in relevant treaties and discover problematic arears of trademark protection in the Russia. This course is on legal regulation of trademark protection in Russia. It explains the process of acquiring trademark in Russia, alternatives to trademark protection (such as firm names, trade names, names of origins), requirements for trademark validity, conditions under which trademarks are protected in Russia, scope of excusive trademark rights protection, peculiarities of assignment and licensing practice in Russia. The course also focuses on issues of trademark infringement, criteria applied by the Russian courts and relevant practice of the Russian Intellectual Property Court. It describes different remedies available to the trademark holders, including calculation of statutory damages under the Russian law for trademark infringement. Russian trademark legislation and case law do not have long historical roots. This is the reason why this area of the Russian law may be characterized as very dynamic. Examples will be given to illustrate successful legal solutions (for example, trademark protection in domain names, exhaustion of trademark rights) and ongoing search for proper and balanced regulation (for example, regulation of parallel imports, antitrust regulation in trademark law, application of fair use doctrine o trademarks).
Globe

Cours en ligne à 100 %

Commencez dès maintenant et apprenez aux horaires qui vous conviennent.
Clock

Approx. 12 heures pour terminer

Recommandé : 8 weeks, 1-2 hours per week
Comment Dots

English

Sous-titres : English
Globe

Cours en ligne à 100 %

Commencez dès maintenant et apprenez aux horaires qui vous conviennent.
Clock

Approx. 12 heures pour terminer

Recommandé : 8 weeks, 1-2 hours per week
Comment Dots

English

Sous-titres : English

Syllabus - What you will learn from this course

1

Section
Clock
2 hours to complete

Trademarks and Other Means of Individualization

This lecture provides a general overview of different means of individualization (identifiers) under the Russian law, such as trade names, firm names, designations of places of origin and trademarks. Each of them has its own unique function, special regulation, conditions of protection, scope of protection, remedies available to their right holders, as well as advantages and disadvantages....
Reading
7 videos (Total 78 min), 1 quiz
Video7 videos
Introductory lecture9m
Trade names in Russia9m
Firm names in Russia19m
Designations of Places of Origin14m
Trademarks in Russia:Introduction13m
Trademarks in Russia: Part II10m
Quiz1 practice exercises
Trademarks and Other Means of Individualization30m

2

Section
Clock
2 hours to complete

Acquiring trademark rights

This lecture explains process of acquiring trademark. We will see what signs can be registered as trademarks, explain different legal grounds when registration of a trademark can be denied. We will also discuss in detail absolute and relative grounds for refusal to register trademarks, in particular concept of distinctiveness, acquiring trademarks rights through use, immoral trademarks, interrelation of trademarks and prior rights of third parties and others. Specific rules and procedures for acquiring protection of well-known and foreign trademarks will be described as well....
Reading
7 videos (Total 70 min), 1 quiz
Video7 videos
Distinctiveness requirment for trademark registration: Part II10m
Absolute grounds for refusal to register a trademark under the Russian law14m
Relative grounds for refusal to register a trademark under the Russian law:Part I10m
Relative grounds for refusal to register a trademark: Part II8m
Acquiring rights to well-known trademarks in Russia8m
Protection of foreign trademarks in Russia9m
Quiz1 practice exercises
Acquiring Trademark Rights22m

3

Section
Clock
2 hours to complete

Trademark Infringement

During this lecture we will discuss conditions under which actions of third parties using similar sign are regarded as infringement of trademark rights according to the Russian Civil Code. Russian courts developed their own approach to consider trademark infringement disputes called sometimes as "triangle rule". Case studies and examples explaining the logic of the Russian case-law will be provided. Besides, there are some instances when defendants may be allowed to use another’s trademark without permission and without payment of any royalties. The lecture covers such legal defenses as well. ...
Reading
7 videos (Total 79 min), 1 quiz
Video7 videos
Trademark Infringement: Part II8m
Trademark Infringement: Part III10m
Exceptions to "Triangle" Rule:Part I12m
Exceptions to "Triangle Rule": Part II13m
Defenses to Trademark Infringement: Part I11m
Defenses to Trademark Infringement: Part II12m
Quiz1 practice exercises
Trademark Infringement18m

4

Section
Clock
1 hour to complete

Termination of Trademark Rights

Trademark rights are not timeless or absolute; they may be terminated, revoked or invalidated if necessary legal grounds are present. What are these grounds? This lecture answers this question and provides for relevant illustrations when trademark rights may be removed from the Register of trademarks on voluntary or involuntary basis. Among them are expiration of trademark rights, waiver of rights, change of trademark owner’s legal status, opposition of third parties regarding breach of absolute or relative grounds for refusal to register trademarks, bad faith registration and unfair competition, non-use of trademarks and loss of distinctiveness....
Reading
5 videos (Total 57 min), 1 quiz
Video5 videos
Invalidation13m
Non-use of trademarks: Part I11m
Non-use of trademarks: Part II9m
Revocation of trademarks that have become generic terms14m
Quiz1 practice exercises
Termination of Trademark Rights24m

5

Section
Clock
1 hour to complete

Commercial Exploitation of Trademarks

Trademark owner has many options to exploit its trademark. Among them are self-exploitation, assignment, license contracts, franchising, distributorships agreements and many others. Russian law contains several imperative requirements that parties to such transactions must comply with. They concern form of a contract, registration of transfer of rights, financial provisions and some others. Failure to take them into account may lead to invalidity of a contract or ineffectiveness of transfer of rights....
Reading
6 videos (Total 59 min), 1 quiz
Video6 videos
Commercial Exploitation of Trademarks: General Overview and Assignment: Part II9m
License Agreements: Part I10m
License Agreements: Part II9m
Franchise Agreements: Part I10m
Franchise Agreements: Part II8m
Quiz1 practice exercises
Commercial Exploitation of Trademarks20m

6

Section
Clock
1 hour to complete

Enforcement of Trademark Rights

Enforcement plays huge role in effective protection of trademark rights. Under Russian law trademark owners may resort to different remedies and procedures to protect their rights against violation, including civil, administrative and criminal ones. We will briefly describe Russian enforcement and court system and turn to discussion of specific provisions of Civil Code, Code of Administrative Offences, Customs Code of the Eurasian Union and Criminal Code that relate to enforcement of trademark rights....
Reading
5 videos (Total 69 min), 1 quiz
Video5 videos
Civil Litigation15m
Civil Remedies against Trademark Infringement13m
Administrative Remedies and Procedures14m
Administrative and Criminal Liability for Trademark Infringement12m
Quiz1 practice exercises
Enforcement of Trademark Rights20m

7

Section
Clock
1 hour to complete

Final assignment

This module consists of final assignment, which will help to estimate your gained knowledge about Russian trademark law. We hope you have enjoyed the course and will continue your development in sphere of trademark rights!...
Reading
1 quiz
Quiz1 practice exercises
Final assignment0m
4.8

Top Reviews

By GYJun 9th 2018

Great course for all IP Professionals who want to know about trademark law & regulations in Russia

By MSAug 20th 2017

The course is academically useful and well structured, the instructor is well experienced .

Instructor

Avatar

Vladislav Starzhenetsky

Associate Professor

About National Research University Higher School of Economics

National Research University - Higher School of Economics (HSE) is one of the top research universities in Russia. Established in 1992 to promote new research and teaching in economics and related disciplines, it now offers programs at all levels of university education across an extraordinary range of fields of study including business, sociology, cultural studies, philosophy, political science, international relations, law, Asian studies, media and communications, IT, mathematics, engineering, and more. Learn more on www.hse.ru...

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