Protection of patent rights
Patent rights, namely, exclusive rights to an invention, a utility model and an industrial design, can be protected in court or by administrative procedure after obtaining a patent.
The administrative procedure involves applying for the protection of patent rights to the Chamber for Patent Disputes - a structural subdivision of Rospatent.
In the Chamber for Patent Disputes are considered, in particular, objections:
1) on the decision to refuse to issue a patent for an invention, utility model, industrial design;
2) on the decision to recognize an application for an invention, utility model and industrial design as withdrawn;
3) against the grant of a patent for an invention, utility model and industrial design.
Decisions of the Patent Chamber may be appealed in court.
The following disputes are considered in court:
— about authorship of an invention, a utility model, an industrial design;
— on the establishment of a patent holder;
— about an infringement of the exclusive right to a patent
— on the conclusion and execution of license agreements for the use of an invention, a utility model, an industrial design;
— on the right of prior use;
— on the payment of remuneration to the author by the employer.
The most common way to protect patent rights is to demand the patent owner to cease the violation. In particular, by a court decision, a violator may be ordered to cease the illegal manufacture of a patented product or manufacturing a product by a patented method.
Another way to protect violated patent rights is to claim damages. In accordance with the civil law, damages mean expenses of the patent owner in connection with the violated right, a loss or a damage to his property (real damage), as well as an unreceived income that the patent owner would have received under normal conditions of turnover if his right had not been violated (lost profit).
Along with compensation for property damage, the patent holder may demand compensation for moral damage to him . The basis for such a claim may be damage to the commercial reputation of the patent owner, distress in connection with the lawsuit, etc.
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