Can foreign IP holders enforce their rights in Russia?

Announcements about some well-known brands leaving the Russian market coupled with the partial legalization of parallel import have created a false impression about absence of IP protection for right holders from “unfriendly” states. However, court practice proves that foreign companies continue to successfully enforce their trademark rights.

Despite the suspension of direct import of goods to Russia, foreign right holders pay close attention to the situation in the market and monitor illegal use of their trademarks. Having discovered counterfeit, companies address courts to stop the infringements and claim damages. About 30 lawsuits involving well-known fashion house Dior Couture have been considered since February 2022 and decided in favor of the right holder awarding the Plaintiff damages of about 1,8 million rubles for illegal trademark use.

Another well-known French fashion house Chanel has also participated in more than 25 solved cases over the last year and has been awarded about 1 million rubles in compensation for infringement of its trademarks. Not only right holders themselves, but also administrative bodies initiate court actions against illegal use of foreign IP. For example, different courts have considered over 20 court claims filed by police and customs against infringement of ADIDAS AG bringing the defendants to administrative responsibility, imposing fines and seizing counterfeit goods.

These examples encourage other foreign companies to come to action. For example, since October 2022, the American clothing manufacturer Calvin Klein has filed more than 60 lawsuits demanding to recover more than 7 million rubles for the counterfeit goods, and some of them have already been satisfied.

In the first half of 2022 there have been a few erroneous decisions taken by courts in several Russian regions ruled against the right holders from “unfriendly” states. These rulings, widely discussed by the media, were merely wrong decisions on the ground and later on got cancelled in the following instances.