Intellectual Property

Against the backdrop of an increasingly integrated global economy and advancement of information technologies, ensuring the legal protection of the results of intellectual activity is emerging as a critically important foundation of any business strategy.

The overriding priority of our clients doing business in Russia, Europe, Asia, Latin America, or other parts of the world is to manage the risks associated with their intellectual property, as well as getting the most out of their IP rights in order to claim and solidify a strong competitive position in the market.

ART DE LEX attorneys help in the creation of a legal platform for managing the results of intellectual activity. We provide comprehensive legal support in the course of the registration, transfer, use and protection of rights to intellectual property, such as trademarks, inventions, copyrights, and domain names. We perform due diligence on intellectual property, prepare drafts of contractual documentation, participate in transaction negotiations, and defend our clients’ IP rights in dealings with the patent offices, customs and law enforcement agencies, the courts, and in international commercial arbitration.

To reinforce the most challenging and complex projects tackling regulatory and legal issues in the IP field, we’ve assembled a team of specialists from the IP practice, as well as our antimonopoly practice and dispute resolution practice. This kind of collaboration makes it possible to efficiently and effectively handle projects involving scientific and technical cooperation, the management and transfer of IP rights, bad-faith competition, and dispute resolution.

Practice presentation

Professional achievements of the practice area

Representing the interests of Korea Aerospace Industries (Korea’s largest aerospace corporation) in a dispute over the protection of IP rights to aviation system software, valued at USD 50 mln.

Successful case

Representing the interests of the shareholders and top management of Russia’s leading staff recruitment and outsourcing holding in a dispute initiated by the group’s minority shareholder over the recovery of damages arising from the divestment of exclusive trademark rights.

Successful case

Consulting to SsangYong Motor Company on issues related to the supply of automobiles to the Russian market, against the backdrop of an exclusive distribution agreement and licensing contract concluded with SOLLERS Group.

Successful case

Services

Intellectual property rights

Formulation and implementation of a strategy aimed at protecting brands, software, databases, industrial prototypes and other intellectual property, as well as managing trademark portfolios
Drafting of licensing agreements, agreements on the divestment of exclusive rights, commercial concession (licensing) contracts, and other agreements involving intellectual property
Consulting on issues related to works of art, designs, architecture
Consulting on issues pertaining to the development, sale and certification of software, and the licensing of cryptographic activity
Protection of the rights of personal data subjects and operators
Consulting on the collection, processing, localization, and cross-border transfer of personal data, as well as on other issues associated with the protection of personal information and privacy rights
Registration of trademarks and other industrial property

Advising one of the world’s leading manufacturers of automotive components on the terms for the remittance of royalty payments under a licensing agreement for an item covered by exclusive rights but not registered in Russia.

Advising one of the world’s leading manufacturers of automotive components on issues related to the legality of the copyright holder’s demands, based on a retroactive clause concluded prior to the item’s registration.

Consulting to SsangYong Motor Company on issues related to the supply of automobiles to the Russian market, against the backdrop of exclusive distribution agreements and a licensing contract concluded with SOLLERS Group.

IP litigation

Representing our clients’ interests in the litigation of disputes, protecting our clients’ intellectual property rights
Representing our clients’ interests in dealings with Rospatent, the Federal Customs Service, and the Federal Antimonopoly Service in matters related to the protection of intellectual property
Representing our clients’ interests in IP disputes, including in court and at the Chamber for Patent Disputes
Representing our clients’ interests in dealings with law enforcement agencies in criminal cases investigating the violation of IP rights, matters of confidentiality, and the violation of law governing the provision of cryptographic services

Representing the interests of KOREA AEROSPACE INDUSTRY (Korea’s largest aerospace corporation) in a dispute over the protection of exclusive rights to aviation system software, valued at USD 50 mln.

Representing the interests of the shareholders and top management of Russia’s leading staff recruitment and outsourcing holding in a dispute initiated by the group’s minority shareholder over the recovery of damages arising from the divestment of exclusive trademark rights.

Structuring and handling of transactions

Consulting on issues related to the transfer of IP rights under licensing, franchise and other agreements
Providing legal support for transactions, including M&A and the creation of joint ventures
Consulting on the licensing and registration of television channels, communications operators, and mass media
Providing legal support for transactions involving, and performing due diligence on, IP assets and participating in related negotiations

In the interests of a large national distributor, structuring a long-term agreement on the distribution of products for children and new mothers in Russia, Belarus, and Kazakhstan, including trademark licensing agreements with one of the world’s leading manufacturers.

Consulting to Halla Visteon Climate Control Corp. on the structuring of inter-group relations about the use of intellectual property.