Intellectual property rights protection

In modern society, intellectual property (IP) is valued no less than material property. It is often the target of illegal actions, so rights holders need effective protection of their intellectual property rights. The rights holder can file claims for damages, demand the restoration of their monopoly and demand that the illegal actions stop.

However, the rights must first be obtained and proven. Proof consists of patents, certificates, license agreements and other documents. Court practice shows that it is realistic to punish the infringer and restore legal ownership, while it is more difficult to obtain actual monetary compensation for the violation.

SION lawyers provide qualified IP protection. Our experts take a comprehensive, individual approach to every case. We offer the following services:

• advise on IP infringements;
• carry out a legal analysis of the situation and draw up a strategy to stop the illegal activity;
• carry out pre-trial settlement of disputes (we send a letter of claim and conduct negotiations);
• represent the client’s interests in court and other state institutions;
• protect the rights of rights holders against unfair competition;
• support the client through the court review: help collect evidence, draw up a claim or appeal, and take part in court hearings;
• prepare legally substantiated responses to claims.

Methods to protect intellectual property rights

In many jurisdictions, a legal framework exists to protect the interests of rights holders. The following methods can also be used to defend against the use of someone else’s intellectual property:

• Proactive and immediate measures to prevent an infringement.
• Detention at the border of goods that infringe IP rights.
• Removal of counterfeit products from circulation.
• Seizure of the equipment and materials used to produce counterfeits.
• Monetary compensation for the use of someone else’s work (instead of compensation for losses).
• Publication in the media of information about the IP infringement and the court decision on it.

These measures are applied by a court decision. Our lawyers will represent the client’s interests in the courts, the Antimonopoly Committee and other authorities.

Intellectual property protection of the company

Every company holds many intangible IP assets. Very often their value is greater than that of all the other assets. Sometimes management does not realize that some developments are registered incorrectly, and that other intellectual property rights are not formalized at all and should be protected.

To avoid losing key technologies, that is, your advantages over competitors, you need to work on intellectual property security. Our specialists can help. They can give one-time advice, build a reliable IP management system, or carry out a deep IP audit.

We provide these services for companies:

• identify all objects that can be protected, assess how well they can be defended, and select suitable protection methods;
• help you commercialize your developments;
• carry out Due Diligence to prepare for investment projects;
• obtain protection documents for products;
• prepare contracts for the disposal of rights (licensing, assignment, commissioned works) for the creation of an IP object;
• develop a strategy for protecting the property, assess the prospects of a claim, and represent your interests in court;
• respond to claims from third parties;
• assess IP rights.

Taking into account the specifics of the company’s activities, we will help you develop an effective taxation system.

Intellectual property disputes

Sometimes you can protect your property from misuse only through the courts. For example, if:

• the infringer does not admit guilt or does not respond to written requests from the rights holder;
• the infringer holds a certificate issued in violation of other people’s IP rights. Only a court can cancel such a document.

The importance of preventive protective measures cannot be overstated. However, problems can arise even when the rights holder has done everything correctly. People go to court to stop the spread of counterfeit goods, to invalidate a fake trademark certificate, to impose sanctions on an infringer, or to challenge a decision of a government agency.

Entrust your representation in court to our lawyers. They use every opportunity to resolve the situation with minimal losses and the greatest benefit for the client. They have litigation experience, which they apply when a lawsuit cannot be avoided.

Intellectual property rights protection

The field of IP includes:

• copyright objects (software, mobile applications, songs, literature);
• scientific and technical developments (inventions, utility models, industrial designs, plant varieties, trade secrets);
• commercial designations (trademarks, names, logos).

All of these objects can be protected. In any country where a company plans to operate, we recommend first to officially register ownership. This means obtaining protection documents, which will serve as evidence. If something goes wrong, you can use two forms of protection:

• Non-jurisdictional. The rights holder contacts the infringer and offers to resolve the dispute without involving state bodies. This is a simple and cheap option, but practice shows that you often still have to go to court afterwards.
• Jurisdictional. A lawsuit is filed from the start, which means state bodies are involved. You will have to pay the state fee and the attorney’s fee, but this form is often more effective.

Our experts will help you register your rights, advise on the prospects of claims against infringers, and prepare a pre-trial claim or a lawsuit. SION lawyers have extensive experience with such cases, and many of them have worked with intellectual property rights for about 20 years.

To collect evidence in favor of the rights holder, we turn to forensic experts. Expert examination plays a separate role in proving IP infringement. It determines how similar trademarks are, establishes whether there is plagiarism, determines whether patented claims are used in a particular product, and answers many other questions.

How much does IP protection cost?

The first step in protecting intangible assets is to register them. Obtaining certificates and patents at the patent office of the country of origin involves paying fees. The work of a patent attorney is also paid. Prices differ significantly: they depend on the jurisdiction and on what exactly is being registered.

If an infringement has occurred and you use non-jurisdictional protection with the help of a lawyer, you must pay the lawyer’s fee. If you apply to court, you also pay court fees, and their size depends on the nature of the case. Before we start cooperation, we prepare a calculation that states our specialist’s fee and lists the government fees.

Protection of intellectual property abroad

International protection starts with legal registration of the IP by an available legal method. Many international acts protect your developments at the international level. Among them:

• European Patent Convention (applicable in the EU, European and Asian countries).
• Eurasian Patent Convention (relevant for the CIS).
• Paris Convention for the Protection of Industrial Property.
• Patent Cooperation Treaty (PCT).
• Madrid Agreement with Trademark Registration Protocol.
• Universal Copyright Convention.
• Berne Convention for the Protection of Works.

The United States pays great attention to IP protection and provides strong legal support to rights holders. Depositing a work in the Library of Congress is considered prestigious, and the country’s judicial system has a strong tradition of supporting authors. The jurisdiction is ranked first in the world for IP enforcement efforts.

Intellectual property is reliably protected by law in China, and the courts here punish infringers severely. In terms of efforts to protect creative and industrial developments, the country is in second place after the United States. China is first in the world in popularity among authors and inventors who seek protection titles.

Abroad, the rights of citizens can be represented only by certified patent attorneys. Our company has a representative office in the UK. We also work with partner lawyers in other countries to protect our clients’ interests in EU countries, the USA, Russia, Canada, the United Arab Emirates, Qatar and many other jurisdictions.

For detailed information and a cost calculation for our cooperation, please email us: info@sion-ip.com.