The Russian legislators propose to make the exclusive right to trademarks available for two or more persons. The project of the law envisages the possibility of dividing the exclusive rights into shares. This means that each co-owner will have the right to dispose of his share at his own discretion, having previously concluded an agreement that will spell out the procedure for disposing of these #shares. The income from the sharing of intellectual property and related expenses will be distributed in proportion between the copyright holders. If case of adoption, the amendments will come into force after 180 days and will not have retroactive effect. The #innovation presupposes the possibility of joint registration and ownership of new trademarks, however the transition to joint ownership of existing trademarks is also possible.
The head of legal department of TKM International Consulting Svetlana Chechkova says: “The introduction of joint ownership of a trademark into legislation is very likely to lead initially to an increase of disputes between co-owners. Primarily It is necessary to resolve issues related to the distribution of profits, responsibilities, expenses, promotion and maintenance. Over time, everything will be settled”.
Basing on the experience in the field of trademarks protection, our specialists forecast, that producers and distributors of counterfeit goods can take advantage of temporary imperfections in the practice of regulating new legal relationship. With all possible negative consequences, our company has all the necessary legal tools to effectively protect rights holders and trademarks in Russia, regardless of the number of owners of the exclusive right to a trademark.