When entering or returning to the Russian market, the rights holders often face difficulties regarding the appropriate way of protection of their intellectual property. In addition, they don’t know all the possible ways to dispose it.
In the first part of our article, we have already urged foreign rights holders to renew the registration of their trademarks and patents with Rospatent and TROIS in order to obtain full legal protection. Today we are going to introduce you the next steps necessary for a foreign rights holder to start commercial activities within the Russian Federation territory.
I want to make profit by selling the goods under my brand in Russia. Should I authorize a Russian authorized agent to use my IP?
Definitely should! When operating on the Russian market, it is necessary to conclude a license agreement with a Russian legal entity or an entrepreneur who is the official distributor, i.e. Licensee.
A license agreement or a trademark license grant to a person the rights to use an IP object. The licensee, i.e. the one to whom the rights have been transferred, will be able, for instance, to sell products with its logo, publish texts or broadcast movies in cinemas.
I would like to entrust the distribution of my goods to several persons at once. Is that possible?
Yes. A license agreement may be exclusive or non-exclusive. By concluding a non-exclusive contract, the licensor, may grant the rights to an IP object to several persons at once.
Can I impose certain limits on my IP use by the licensee?
You are entitled to set the following limits under the license agreement:
1) to limit the territory in which you authorize the use of your trademark to a specific or several regions of the Russian Federation;
2) to establish specific ways of using the trademark, for instance, to authorize the licensee to apply your trademark only to a certain type of goods;
3) to stipulate a specific term of the license for the objects of your IP.
Feel free to contact us in case you have any questions on entering the Russian market successfully and insure the legal protection for your IP rights:
+7 (495) 540 44 57