The Russian Supreme Court has published a Review of Judicial Practice.
Key findings in the IP area:
Key findings in the IP area:
- Proper performance of obligations under a commercial concession agreement requires granting a bundle of rights in the scope stipulated by the agreement (para. 21). This bundle of rights includes the right to a trademark and the right to use commercial information (know-how). A mere reference to a contractual clause stating that documentation was transferred to the claimant at the time of execution of the agreement is insufficient to confirm proper performance.
- Use of a trademark in a website’s URL does not constitute infringement of an exclusive right if the respondent’s actions are not aimed at individualizing goods and there is no likelihood of confusion (para. 22). The use of verbal elements of a trademark in their commonly accepted meaning cannot be restricted when such use is made to describe the characteristics of goods or services, in publications, verbal communication, or otherwise, provided that such use does not disclose the distinctive character of the designation, does not single out one market participant from others, and does not create a competitive advantage.