Russian Trademark Law in Global Perspective
proposé par
Russian Trademark Law in Global Perspective
National Research University Higher School of Economics
À propos de ce cours
4.8
45 notes
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).
Programme du cours : ce que vous apprendrez dans ce cours
Week
1Trademarks 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.
7 vidéos (Total 78 min), 1 quiz
7 vidéos
Introductory lecture9 min
Trade names in Russia9 min
Firm names in Russia19 min
Designations of Places of Origin14 min
Trademarks in Russia:Introduction13 min
Trademarks in Russia: Part II10 min
1 exercice pour s'entraîner
Trademarks and Other Means of Individualization30 min
Week
2Acquiring 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.
7 vidéos (Total 70 min), 1 quiz
7 vidéos
Distinctiveness requirment for trademark registration: Part II10 min
Absolute grounds for refusal to register a trademark under the Russian law14 min
Relative grounds for refusal to register a trademark under the Russian law:Part I10 min
Relative grounds for refusal to register a trademark: Part II8 min
Acquiring rights to well-known trademarks in Russia8 min
Protection of foreign trademarks in Russia9 min
1 exercice pour s'entraîner
Acquiring Trademark Rights22 min
Week
3Trademark 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.
7 vidéos (Total 79 min), 1 quiz
7 vidéos
Trademark Infringement: Part II8 min
Trademark Infringement: Part III10 min
Exceptions to "Triangle" Rule:Part I12 min
Exceptions to "Triangle Rule": Part II13 min
Defenses to Trademark Infringement: Part I11 min
Defenses to Trademark Infringement: Part II12 min
1 exercice pour s'entraîner
Trademark Infringement18 min
Week
4Termination 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.
5 vidéos (Total 57 min), 1 quiz
5 vidéos
Invalidation13 min
Non-use of trademarks: Part I11 min
Non-use of trademarks: Part II9 min
Revocation of trademarks that have become generic terms14 min
1 exercice pour s'entraîner
Termination of Trademark Rights24 min
4.8
Meilleurs avis
par GY•Jun 9th 2018
Great course for all IP Professionals who want to know about trademark law & regulations in Russia
par MS•Aug 20th 2017
The course is academically useful and well structured, the instructor is well experienced .
Enseignant
Vladislav Starzhenetsky
Associate ProfessorDepartment of International Public and Private Law
À propos de 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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